Terms of Service
1. Your Acceptance
Welcome to the Terms of Service for the Just Ahead mobile application and website. This is an agreement (“Agreement”) between Isthmus Labs Co. (“Just Ahead”), the owner and operator of www.justahead.com (the “Site”), the Just Ahead service and Just Ahead mobile applications (“App” or “Service”), and you (“you” or “your” or “user(s)”), a user of the Site, App and Service.
Throughout this document, the words “Just Ahead,” “us,” “we,” and “our,” refer to our company, Isthmus Labs Co. and our website, www.justahead.com, the Just Ahead application (“App”) or our Service, Just Ahead, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information through our Site, App or Service will be referred to as “Content” throughout this Agreement.
2. Just ahead Description of Service
Just Ahead is an App that allows you to access location specific information through the App.
3. User Accounts
4. Disclaimer and Information Accuracy
Our Site, App and Service are to be used for general purposes. Although we strive to provide the most accurate information possible, we cannot guarantee that any use of our Site, App or Service will result in any desired results for you. We cannot guarantee that all locations are accurate on our maps. In some instances we may use third party data, although their data is generally accurate, errors may occur. Please do not rely on our Site, App or Service at the risk of your safety or the safety of others. You understand that our App does not show what is actually taking place in front of you and is only approximate. You agree that any information or Content found on our Site, App or Service is “as-is” and with all faults. Any alerts are merely visualizations of data from our Site, App or Service, they may not reflect actual circumstances. Predicted locations, routes and points of interests are all estimates.
5. Posting of Content on Just Ahead
Any Content submitted by you will be owned by you. However, by submitting any Content to our Site, App, or Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described in this Agreement. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Content. Finally, you promise that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Just Ahead with respect thereto, and agree to indemnify and hold Just Ahead, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your License Grant to Us For Your Content
When you submit any Content to us, you grant Just Ahead and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through Just Ahead or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote Just Ahead. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our App, Site, or Service.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
7. Modification of App
We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal or other purposes.
8. Our License Grant to You
We make an App available for downloading on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. When you download our App, you are given the right to download one copy of the App at the price listed, if any.
We grant you a non-commercial personal, non-exclusive, revocable, limited license to use our Site and download our App. You acknowledge that we maintain all right, title, and interest in our App, Site and Service. This means you cannot sell our App anywhere else, share your license to use our App, Site or Service with anyone else, reverse engineer or otherwise attempt to copy our App, Site or Service, or try and make money off of it without our express written permission. Even if we offer our App for free, you must still abide by these provisions, you must not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our App, but are instead buying (or, in the case of a free download, being given) a license to install and use the App within the confines of this Agreement.
9. Public Access and Display
By submitting any Content to our App, Site, or Service you understand that this Content may be viewable by the public. You agree that you are solely responsible for any Content or information posted. Therefore, it is recommended that any Content you store or submit to our App, Site, or Service be tasteful and up to community standards.
10. Use of Just Ahead
When using our App, Site or Service, you are responsible for your use of Just Ahead, and for any use of Just Ahead made using your device. You also agree that your use of Just Ahead is for personal non-commercial use. You agree not to access, copy, or otherwise use Just Ahead, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Just Ahead. You agree to the following limitations on your use of our App, Site or Service:
- You will not copy, distribute or disclose any part of the App, Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App, Site or the Service in a manner that sends more request messages to Just Ahead servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Just Ahead grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, App, or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Site, Service or App;
- You will not collect or harvest any personally identifiable information, including account names, from the App, Site, or Service;
- You will not use the App, Site, or Service for any commercial solicitation purposes;
- You will not access the App, Site or Service through any technology or means other than those provided or authorized by the App, Site or Service;
- You agree to act within the bounds of common decency when using our App, Site or Service, this includes a prohibition on posting any sexually explicit, graphic, or violent content;
- You agree not to stalk, harass, bully or harm another individual;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our App, Site and Service only in a safe manner and in compliance with all laws;
- You agree that you will not hold Just Ahead responsible for your use of our Site, App or Service;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Just Ahead;
- You agree not to interfere with or disrupt the Site, App, or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our App, Site or Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any Content to our App, Site or Service that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App, Site or Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Just Ahead reserves the right to suspend or terminate any account at any time without notice or explanation.
11. App, Site and Service Availability
We do not guarantee that the App, Site or Service will always be available, work, or be accessible at any particular time via any app store or marketplace. Only users who are eligible to use our App, Site, or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App, Site or Service will work as advertised, or that it will give you the desired results.
12. Compliance With All Laws and Regulations
Just Ahead is not responsible for your violation of any laws while using our App, Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service, including all driving laws. Our Site, App and Service is void where prohibited.
13. Intellectual Property Rights
The design of the Just Ahead App, Site and Service along with Just Ahead created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Just Ahead, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Just Ahead reserves all rights not expressly granted in and to the App, Service and Site. You agree to not engage in the use, copying, or distribution anything contained within the App, Site or Service unless we have given express written permission.
14. Payments and Refunds For Our App
The Just Ahead App may either be downloaded, for free or for a fee, through a third party applications marketplace. Any refunds or disputes with payment must be processed through the third party applications marketplace.
15. Representations and Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ISTHMUS LABS CO. NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APP, SITE OR SERVICE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JUST AHEAD OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
JUST AHEAD DOES NOT REPRESENT OR WARRANT THAT THE APP, SITE OR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. JUST AHEAD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APP, SITE OR SERVICE IS AT YOUR SOLE RISK. JUST AHEAD DOES NOT WARRANT THAT YOUR USE OF THE APP, SITE OR SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JUST AHEAD SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE APP, SITE OR SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP, SITE OR SERVICE. JUST AHEAD DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH JUST AHEAD.
16. Limitation of Liability
IN NO EVENT SHALL ISTHMUS LABS CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE APP, SITE OR SERVICE OR OUR SERVICES, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, SITE OR SERVICE, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, SITE OR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP, SITE OR SERVICE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR APP, SITE OR SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR APP, SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR APP, SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR APP, SITE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 10 US DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, APP, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Isthmus Labs Co. its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Just Ahead App, Site and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Just Ahead App, Site or Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
18. Amendments and No Third Parties
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service.
19. Export Control
We may provide Software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. You acknowledge and agree that the any portions of the App Site or Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). By using the App, Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. We make no representation that the Service is appropriate or available for use in other locations. You agree that none of your Content, nor any information acquired through the use of the App, Site or Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate body for such purposes.
20. COPPA Compliance
The Just Ahead Site, App and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and App and please do not submit any information to us.
21. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
22. Forum of Dispute
You agree that, prior to commencing any litigation against the other concerning any matter with respect to which a dispute exists in connection with this Agreement representatives of such parties having requisite authority shall meet in a timely manner and attempt in good faith to negotiate a settlement of such dispute.
In the event that the parties are unable to resolve the matter or matters in dispute amicably within thirty (30) days after a party gives notice of the dispute to the other party, the parties shall submit all matters still in dispute to mediation by a mediator in Los Angeles County, CA. If the mediator is not selected within fourteen (14) days after delivery of the notice of dispute, the mediator shall be chosen by the American Arbitration Association (“AAA”) of the applicable venue, and the mediator to be appointed by the AAA shall be a lawyer, judge or retired judge who has conducted at least three commercial mediations in the preceding three year period and who has practiced law in or presided over at least three cases or mediations in the appropriate area.
The mediation shall be conducted under such procedures as the parties may agree, or, failing such agreement, under the Commercial Mediation Rules, Consumer-Related Disputes Supplementary Procedures of the AAA. All costs and expenses of mediation (including the reasonable attorneys fees of the prevailing party) shall be paid by the non-prevailing party.
In the event that the parties are unable to resolve the matter or matters in dispute through mediation, the parties shall submit all matters still in dispute to arbitration. The venue for arbitration shall be agreed upon by the parties, or failing such agreement, shall be held in Los Angeles County, CA. Just Ahead shall select an arbitrator and you shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator. The decision of the arbitrators shall be final and binding on the parties.
The arbitration shall be conducted under such procedures as the parties may agree or, failing such agreement, under the arbitration rules of the AAA. All costs and expenses of arbitration (including the reasonable attorneys fees of the prevailing party) shall be paid by the non-prevailing party.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
23. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Just Ahead shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
26. Termination and Cancellation
We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded, stop using our Site, and cease any Services. Cancellation may result in the immediate deletion of any Content that you have submitted to Just Ahead. Although, your Content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
28. Electronic Communications
The communications between you and Just Ahead use electronic means, whether you visit the App, Site, or Service or send Just Ahead e-mails, or whether Just Ahead posts notices on the App, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Just Ahead in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Just Ahead provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
29. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Just Ahead must be addressed to our agent for notice and sent via email to: email@example.com
Lastly, California users are also 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 may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: February 10, 2014