Terms of Service

Terms of Service
The following document outlines the terms of service and use of the KeepingRoadsSafe.com website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

By using KeepingRoadsSafe.com services you acknowledge that you have accepted and will abide by these terms, whether or not you have read and understood them.

Definitions

  1. “End User” – An end user is anyone who has installed any KRS or DriveCare software onto their mobile phone
  2. “Administrator” – An administrator is someone who administers the DriveCare services to their vehicle(s) and manages the service on behalf of themselves and/or other end users.
  3. “Unmodified” – This means a product that is in the same condition in which it was received.
  4. Monthly Subscription – A monthly subscription is an upgraded version of DriveCare that can be purchased from within the Services.

I. Acceptance Of Terms
All services or information available at KeepingRoadsSafe.com, KeepingRoadsSafe.ca and all linked pages and subdomains and any DriveCare applications on any platform, (“Site”, “services”, “service”), are owned and operated by Keeping Roads Safe Technologies Inc. (“KRS”, “Keeping Roads Safe”) unless otherwise stated. KRS is a Canadian corporation and is accessed by you under the Terms of Service described below (“Terms”).

Please read these Terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy and Customer Support Policies, governs our relationship with you in relation to the site.


II. Description of Service

KRS has developed the DriveCare system which may or may not require the use of a hardware accessory (“Vehicle Accessory”, “DriveCare”, “Unit”), depending on the configuration that is deployed. The hardware works with related software that is installed on a user’s mobile device (“Operating Software”). The DriveCare Unit works to reduce or minimize the functionality of the user’s handheld or mobile device while the vehicle is in motion. DriveCare includes software that can wirelessly communicate with the user’s mobile device to aid in limiting the functionality of the mobile device.

In some configurations, the operating software may work without the vehicle accessory by allowing the end user’s mobile device to connect directly to their vehicle via Bluetooth connection.

Your access to the Site or Service may be interrupted as a result of repair to or maintenance on the Site, or due to equipment malfunction, or any other reason that may be beyond the control of KRS. KRS reserves the right, at its sole discretion and without prior notice, to suspend availability of the Site and/or any Service and/or remove any Content at any time. KRS may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice.


III. Registration

In order to access the full set of Services, you are required to create an account with KRS. Maintaining the security and confidentiality of your user account password is your responsibility. Additional registration information you provide is optional except where explicitly designated. Deliberately providing false registration information may constitute a breach of the Terms, which may result in immediate termination of your KRS account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.


IV. Products and Content

All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. KRS makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


V. Selling your account.
You are solely responsible for your interactions with other users of the Site and/or Services. KRS reserves the right (but is not obligated) to monitor disputes between users and take any necessary action to remediate violations of the Terms. This may be immediate and may include without limitation, the immediate removal of the related materials from the Site and/or the suspension or deletion of all associated user accounts.

We will fully cooperate with any law enforcement authorities who provide a court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. For more details see the Guidelines for Law Enforcement.


VI. Trademarks, Copyrights, and Licenses
The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site and Services are protected by copyright, trademark and other laws. The contents of the Site are Copyright (c) 2018, Keeping Roads Safe Technologies Inc., or their respective affiliates and suppliers. All rights reserved. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of KRS and its affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of KRS or such other owner.

Where applicable content on the Site may be open sourced with a discrete open source license. You are responsible for reading and understanding the terms of an additional licensing for content and downloads made available by the Site or linked to through the Site.


VII. Third Party Links

From time to time, the Site may contain links to web sites that are not owned, operated or controlled by KRS or their respective affiliates. All such links are provided solely as a convenience to you or as User Content submitted by other users for which we are not responsible. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Site, you do so entirely at your own risk.


VIII. Shipping and Returns

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site and with Canadian law. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to your specified shipping address unless otherwise specified in writing. You are responsible for contacting us to initiate any claim for damaged and/or lost shipments. You are responsible for paying any import duties and taxes on your order.

KRS accepts returns for any unmodified product for any reason within 90 calendar days from the date of receipt of merchandise. After such time, requests for return will be considered but are not guaranteed to be accepted. See our Returns Policy for more detail.


X. Disclaimers

Your use of the Site is at your risk. The information, materials and services provided on or through the Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither KRS nor any of their affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. The information, materials and services provided on or through the Site may be out of date, and neither KRS, nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

All products and services purchased either on or through the Site or through a KRS distributor/affiliate are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased either on or through this web site or through a KRS distributor/affiliate. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.


XI. Limitations of Liability

KRS and all distributors, installers, assigns or agents of KRS assume no responsibility, nor will be liable, for any damages caused by or arising from your access to, use of, or browsing the Site or using KRS products, or your downloading of any information or materials from the Site. In no event will KRS or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, any web sites linked to the Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with the Site or any Content, you agree that your sole remedy is to cease using the Site. In the event of any problem with the products or services that you have purchased on or through the Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.


XII. Giveaways & Promotions

We may, from time to time, run exclusive promotions or giveaways on our website. The terms of these promotions may be dependant on the specific giveaway or promotion, or they may be incorporated in these general terms of service. Unless otherwise stated, you will receive your giveaway or promotional in conjunction with your main package delivery.


XIII. DriveCare Product Warranty

DriveCare is a separate hardware product offered by Keeping Roads Safe Technologies and sold either directly from KRS / the Site or from third party distributors. DriveCare comes with a minimum of 1 year warranty on any and all units sold through any means. Users who subscribe to a monthly subscription will receive a lifetime warranty for if their DriveCare unit stops working.


XIV. Revision to the Terms

These terms of service may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms of service because they are binding on you. Certain provisions of these terms of service may be superseded by legal notices or terms located on particular pages of the Site.


XV. Choice of Law; Jurisdiction

These terms of service supersede any other agreement between you and KRS to the extent necessary to resolve any inconsistency or ambiguity between them. These terms of service will be governed by and construed in accordance with the laws of the Province of Nova Scotia in the country of Canada, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Site will be brought only in the courts of the Province of Nova Scotia. A printed version of these terms of service will be admissible in judicial and administrative proceedings based upon or relating to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


XVI. Termination

You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.


XVII. Wireless or 3rd Party Charges

Use of the Services may require access to and use of the Internet, wireless networks, cellular networks, or similar third party services, equipment, and systems. Specifically, the Services may require any enabled handheld or mobile device to communicate with Licensor’s servers via data or sms (text) transmissions. Thus, use of the Services may result in fees or charges under the particular cellular plan for data and/or text transmission of each Authorized End User. Accordingly, all Authorized End Users should review and consult their own cellular plan before activating or enabling the Operating Software on their handheld or mobile device. KRS shall have no responsibility for any cellular, data, roaming or like charges incurred under Licensee’s or any Authorized End User’s wireless plan as a result of Licensee’s use of the Services, and such charges, if incurred, shall be the sole and exclusive responsibility of Licensee, and its Administrators and Authorized End Users.


XVIII. Safe Driving Responsibility

Notwithstanding access to and use of the Services, Licensee, and its Administrators and Authorized End Users, acknowledge that the Services are not and cannot be viewed or considered as an assurance of personal safety. There are numerous manners in which a driver or vehicle operator can be distracted that do not involve the use of cellular (or similar) technology while driving. Furthermore, KRS cannot prevent tampering or disabling of a DriveCare Unit or Operating Software, although such tampering is expressly prohibited. KRS shall have no liability for the negligence of Licensee, and its Administrators and Authorized End Users, while driving or operating a vehicle, nor shall KRS have any liability in failing to communicate instances where disabling or tampering has occurred, as there are a variety of factors beyond KRS control which could interfere with the electronic transmission or receipt of such notices. By using the Services, all End Users and Administrators expressly agree to not hold KRS liable for any damages or personal injury incurred by End Users while driving in a vehicle that contains a functioning DriveCare unit or mobile device.


XIX. Data Collection

KRS may, over the course of your interaction with the Site and/or Services, collect various pieces of information who is using the Site and/or Services, and how. Some of this information may be anonymously collected with no means of personally identifying any individual user of the Site and/or Services. The anonymous information includes the pages you view on our Site, the search terms you enter into our search utility, your IP address and the operating system, browser software and Internet service provider you use.

Personally identifiable data collected includes any information provided to KRS voluntarily by any means, such as first/last name, and email address. KRS also collects certain data in relation to the use of the Service, which could include geocoordinates, your phone number, and other data required for the full functionality of the Service.

All data is stored on KRS servers and made available to Administrators through accessing the Web Dashboard that is available at https://app.keepingroadssafe.com

KRS servers are located in the United States & Canada with data being stored on either server based on the laws or regulations of each country.

For more information on how we collect & use personal data please refer to our privacy policy.


XX. Force Majeure
No failure or omission by either party to carry out or observe any of the terms and conditions of this Agreement (other than any payment obligation) will give rise to any claim against such party or be deemed a breach of this Agreement if such failure or omission arises from an act of God, an act of government or any other force majeure event.


XXI. Waiver Failure or delay to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement will not be deemed a waiver of that term, covenant or condition or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times will not be deemed a waiver or relinquishment of that right or power at any other time.


XXII. Questions?

If you do not understand any of these Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at info@keepingroadssafe.com.

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