TRAFFIC CONTROL PLAN ON THE FLY MOBILE TERMS OF USE
LAST UPDATED: June 5, 2015
Traffic Control Plan on the Fly mobile Application Use. Subject to these Terms of Use (“Terms”) Riley Traffic Consultants, LLC (“Riley”) grants you the limited, royalty-free, non-exclusive, personal, non-transferable right to download, install, access and use on a single personal mobile electronic device or smart phone owned or controlled by you the Traffic Control Plan on the Fly mobile application (the “App”). You may utilize the App only as permitted by these Terms. You must access and use the App in compliance with all applicable laws, rules and regulations. You must comply with applicable third-party terms of agreement when using this App (e.g., your wireless data service agreement). Your right to use the App will terminate immediately if you violate any provision of these Terms. You may not, and will not permit any other party to: (a) copy, publish, translate, or otherwise commercialize the App, or any information or software associated with or embedded/integrated in the App; (b) modify, reverse engineer, decompile, disassemble, adapt, alter, or otherwise attempt to derive the source code or structure of the App; (c) use the App as a service bureau, rent, lease, loan, sell, sublicense, distribute, or otherwise transfer rights to the App to a third-party; (d) use or merge the App, or any component or element thereof, with other software, databases or services not provided by or explicitly authorized in writing by Riley; (e) interfere in any manner with the operation of the App; (f) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the App; (g) remove, alter or obscure any copyright notice, trademarks, or any other proprietary notice that appears on or in the App; or (h) use the App for any commercial purposes.
Intellectual Property. Riley owns, or is the licensee to, all right, title and interest in and to the App, including all rights under copyright, patent, trade secret, trademark and any other proprietary rights. The App, including any content made available through the App, are the property of Riley (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the App only as permitted by these Terms. Any logo, trademark, servicemark, domain name, or trade name appearing on the App, including “Riley”, “Traffic Control Plan on the Fly”, whether registered or not, are the property of Riley or its respective owners. You may not use any trademarks without the express written permission of Riley.
Disclaimer of Warranties. Riley disclaims any and all responsibility and liability for any and all harm resulting from your use of the App. The App, and any information contain in or provided by the App, are provided “as is” and “as available.” Riley expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Riley expressly disclaims to the fullest extent permitted by law any and all warranties regarding the reliability, accurateness, completeness, usefulness, security, timeliness and performance of the App. You download, install, access and use the App voluntarily and at your sole and exclusive discretion and risk, and you are solely responsible and liable for any damages to your hardware device(s), or corruption or loss of data that results from the download, installation, access or use of the App. You acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, computer hardware, equipment, and services needed to access and use the App, and for paying all charges related thereto. Riley does not operate or control the transfer of information over communications facilities, including the Internet, or your mobile connection to the Internet; therefore Riley, does not represent, warrant or guarantee that the App will be error or virus free, invulnerable to hackers or other unauthorized users, uninterrupted, without delays, not subject cancellations or delivery failures, or subject to any other problems inherent in the use of the communications facilities. You are fully responsible for install appropriate security updates and patches in a timely manner. Riley expressly disclaims any representation or warranty that the App will be appropriate or available for use in any particular jurisdiction other than the United States.
The App is Not a Substitute for Professional Engineering or Technical Advice. The traffic control information is based on the MUTCD. It is provided for information purposes only and is not intended to replace the advice of traffic engineering professionals. All information available through the App is general in nature and is not a substitute for professional engineering. You are solely responsible for your reliance on the App and the information available through the App, and for all decisions or actions resulting from your use of the App and its content. If you have specific traffic engineering informational needs, or for complete traffic engineering information, please see a professional engineer or other technical advisor.
Limitation of Liability. Riley, and its service providers, are not liable to you, or any user, for any use or misuse of the App. Riley may not be held liable under any provision of these Terms for any consequential, direct, special, exemplary, incidental, punitive, moral or indirect damages; loss of profits, use or revenue; business interruption; or loss or corruption of information, however caused. This limitation applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
Indemnification. You will defend, indemnify and hold harmless Riley and its agents, representatives, licensors, third-party providers, contractors, consultants, and employees against any third-party claim arising directly or indirectly out of or related to your use of the App, any alleged violation of these Terms, and any alleged violation of any applicable law or regulation. Riley reserves the right, at its own expense, to assume the exclusive defense, settlement and control of any matter subject to indemnification as provided in these Terms; notwithstanding such assumption by Riley, you will not be excused from your indemnity obligations herein.
Information You Submit by Accessing/Using the App. Your submission of information through the App (“Submissions”) is governed by Riley’s Privacy Policy. You represent and warrant that any information provided in connection with your use of the App is and shall remain true, accurate, and complete.
Monitoring. You acknowledge and agree that Riley reserves the right to do any or all of the following, at its sole and exclusive discretion: (a) monitor Submissions; (b) alter, remove, or refuse to post or allow to be posted any Submission; and/or (c) disclose any Submission, and the circumstances surrounding its transmission, to any third-party in order to operate the App; to protect Riley and its respective employees, agents, representatives, licensors, suppliers, contractors, consultants, and service providers, and the App’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Security. The security of your information is important to Riley. The information this App collects may be stored locally on your device and may be transmitted to servers in the United States and/or the European Union. Riley employs generally accepted industry standards to protect your personal information. The transfer of information over communications facilities, including the Internet, is not 100% secure, so Riley does not guarantee the security of your personal information.
Usernames, Passwords and Security. You may be required to register an account with Riley to access certain services or areas of the App. With respect to any such registration, Riley may refuse to grant you a username or email address for any reason in Riley’s sole and exclusive discretion. Your username and password are for your personal use only, and not for use by any other third-party. You are fully responsible for all interaction with the App that occurs in connection with your password or username. You agree to immediately notify Riley of any unauthorized use of your password or username, or any other breach of security related to your account. To report unauthorized access or use of the App, send an email to lmanager@rileytraffic.com. Riley is not liable for any loss or damage, or loss or corruption of Submissions, arising from your failure to comply with any of the these obligations.
Changes to this Application or Terms of Use. Riley reserves the right to make changes to the App or Terms from time to time. Any material changes will take effect immediately for new users and upon the expiration of fifteen (15) days after notification. The date of notification is reflected in the LAST UPDATED margin at the top of these Terms. If you do not agree to any change, please uninstall and discontinue using the App; otherwise, any use of this App after the fifteen (15) day notice period constitutes your acceptance of the modified Terms. Riley may suspend or terminate your use of or access to the App if you fail to comply with the Terms, or as necessary to comply with applicable law or court order. Such suspension or termination may result in the permanent deletion of your Submissions or other previously available content.
Miscellaneous Provisions. You agree that these Terms shall be construed in accordance with the laws of the State of Utah without regard to its conflict of laws provisions. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the cause of action or claim arises. You are responsible for complying with all applicable laws, rules, regulations and these Terms. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) on any of the U.S. government lists of restricted end users. Riley may limit the App’s availability, in whole or in part, to any person, entity, geographic area or jurisdiction Riley chooses, at any time and in its sole and exclusive discretion. You are responsible for complying with trade regulations and both foreign and domestic laws. Riley's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Riley, nor any trade practices, shall act to modify the Terms. Riley may assign its rights and duties hereunder to any third-party at any time without consent or notice to you. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and Riley relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Riley relating to such subject matter.
Additional Terms. In addition to your agreement with these Terms, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Riley in accordance with the “Questions” section below. The license you have been granted herein is limited to a non-transferable license to use the 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 StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Riley’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third-party.
Questions. You may contact Riley at manager@rileytraffic.com with any questions, complaints or claims regarding the App.
LAST UPDATED: June 5, 2015
Traffic Control Plan on the Fly mobile Application Use. Subject to these Terms of Use (“Terms”) Riley Traffic Consultants, LLC (“Riley”) grants you the limited, royalty-free, non-exclusive, personal, non-transferable right to download, install, access and use on a single personal mobile electronic device or smart phone owned or controlled by you the Traffic Control Plan on the Fly mobile application (the “App”). You may utilize the App only as permitted by these Terms. You must access and use the App in compliance with all applicable laws, rules and regulations. You must comply with applicable third-party terms of agreement when using this App (e.g., your wireless data service agreement). Your right to use the App will terminate immediately if you violate any provision of these Terms. You may not, and will not permit any other party to: (a) copy, publish, translate, or otherwise commercialize the App, or any information or software associated with or embedded/integrated in the App; (b) modify, reverse engineer, decompile, disassemble, adapt, alter, or otherwise attempt to derive the source code or structure of the App; (c) use the App as a service bureau, rent, lease, loan, sell, sublicense, distribute, or otherwise transfer rights to the App to a third-party; (d) use or merge the App, or any component or element thereof, with other software, databases or services not provided by or explicitly authorized in writing by Riley; (e) interfere in any manner with the operation of the App; (f) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the App; (g) remove, alter or obscure any copyright notice, trademarks, or any other proprietary notice that appears on or in the App; or (h) use the App for any commercial purposes.
Intellectual Property. Riley owns, or is the licensee to, all right, title and interest in and to the App, including all rights under copyright, patent, trade secret, trademark and any other proprietary rights. The App, including any content made available through the App, are the property of Riley (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the App only as permitted by these Terms. Any logo, trademark, servicemark, domain name, or trade name appearing on the App, including “Riley”, “Traffic Control Plan on the Fly”, whether registered or not, are the property of Riley or its respective owners. You may not use any trademarks without the express written permission of Riley.
Disclaimer of Warranties. Riley disclaims any and all responsibility and liability for any and all harm resulting from your use of the App. The App, and any information contain in or provided by the App, are provided “as is” and “as available.” Riley expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Riley expressly disclaims to the fullest extent permitted by law any and all warranties regarding the reliability, accurateness, completeness, usefulness, security, timeliness and performance of the App. You download, install, access and use the App voluntarily and at your sole and exclusive discretion and risk, and you are solely responsible and liable for any damages to your hardware device(s), or corruption or loss of data that results from the download, installation, access or use of the App. You acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, computer hardware, equipment, and services needed to access and use the App, and for paying all charges related thereto. Riley does not operate or control the transfer of information over communications facilities, including the Internet, or your mobile connection to the Internet; therefore Riley, does not represent, warrant or guarantee that the App will be error or virus free, invulnerable to hackers or other unauthorized users, uninterrupted, without delays, not subject cancellations or delivery failures, or subject to any other problems inherent in the use of the communications facilities. You are fully responsible for install appropriate security updates and patches in a timely manner. Riley expressly disclaims any representation or warranty that the App will be appropriate or available for use in any particular jurisdiction other than the United States.
The App is Not a Substitute for Professional Engineering or Technical Advice. The traffic control information is based on the MUTCD. It is provided for information purposes only and is not intended to replace the advice of traffic engineering professionals. All information available through the App is general in nature and is not a substitute for professional engineering. You are solely responsible for your reliance on the App and the information available through the App, and for all decisions or actions resulting from your use of the App and its content. If you have specific traffic engineering informational needs, or for complete traffic engineering information, please see a professional engineer or other technical advisor.
Limitation of Liability. Riley, and its service providers, are not liable to you, or any user, for any use or misuse of the App. Riley may not be held liable under any provision of these Terms for any consequential, direct, special, exemplary, incidental, punitive, moral or indirect damages; loss of profits, use or revenue; business interruption; or loss or corruption of information, however caused. This limitation applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
Indemnification. You will defend, indemnify and hold harmless Riley and its agents, representatives, licensors, third-party providers, contractors, consultants, and employees against any third-party claim arising directly or indirectly out of or related to your use of the App, any alleged violation of these Terms, and any alleged violation of any applicable law or regulation. Riley reserves the right, at its own expense, to assume the exclusive defense, settlement and control of any matter subject to indemnification as provided in these Terms; notwithstanding such assumption by Riley, you will not be excused from your indemnity obligations herein.
Information You Submit by Accessing/Using the App. Your submission of information through the App (“Submissions”) is governed by Riley’s Privacy Policy. You represent and warrant that any information provided in connection with your use of the App is and shall remain true, accurate, and complete.
Monitoring. You acknowledge and agree that Riley reserves the right to do any or all of the following, at its sole and exclusive discretion: (a) monitor Submissions; (b) alter, remove, or refuse to post or allow to be posted any Submission; and/or (c) disclose any Submission, and the circumstances surrounding its transmission, to any third-party in order to operate the App; to protect Riley and its respective employees, agents, representatives, licensors, suppliers, contractors, consultants, and service providers, and the App’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Security. The security of your information is important to Riley. The information this App collects may be stored locally on your device and may be transmitted to servers in the United States and/or the European Union. Riley employs generally accepted industry standards to protect your personal information. The transfer of information over communications facilities, including the Internet, is not 100% secure, so Riley does not guarantee the security of your personal information.
Usernames, Passwords and Security. You may be required to register an account with Riley to access certain services or areas of the App. With respect to any such registration, Riley may refuse to grant you a username or email address for any reason in Riley’s sole and exclusive discretion. Your username and password are for your personal use only, and not for use by any other third-party. You are fully responsible for all interaction with the App that occurs in connection with your password or username. You agree to immediately notify Riley of any unauthorized use of your password or username, or any other breach of security related to your account. To report unauthorized access or use of the App, send an email to lmanager@rileytraffic.com. Riley is not liable for any loss or damage, or loss or corruption of Submissions, arising from your failure to comply with any of the these obligations.
Changes to this Application or Terms of Use. Riley reserves the right to make changes to the App or Terms from time to time. Any material changes will take effect immediately for new users and upon the expiration of fifteen (15) days after notification. The date of notification is reflected in the LAST UPDATED margin at the top of these Terms. If you do not agree to any change, please uninstall and discontinue using the App; otherwise, any use of this App after the fifteen (15) day notice period constitutes your acceptance of the modified Terms. Riley may suspend or terminate your use of or access to the App if you fail to comply with the Terms, or as necessary to comply with applicable law or court order. Such suspension or termination may result in the permanent deletion of your Submissions or other previously available content.
Miscellaneous Provisions. You agree that these Terms shall be construed in accordance with the laws of the State of Utah without regard to its conflict of laws provisions. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the cause of action or claim arises. You are responsible for complying with all applicable laws, rules, regulations and these Terms. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) on any of the U.S. government lists of restricted end users. Riley may limit the App’s availability, in whole or in part, to any person, entity, geographic area or jurisdiction Riley chooses, at any time and in its sole and exclusive discretion. You are responsible for complying with trade regulations and both foreign and domestic laws. Riley's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Riley, nor any trade practices, shall act to modify the Terms. Riley may assign its rights and duties hereunder to any third-party at any time without consent or notice to you. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and Riley relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Riley relating to such subject matter.
Additional Terms. In addition to your agreement with these Terms, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Riley in accordance with the “Questions” section below. The license you have been granted herein is limited to a non-transferable license to use the 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 StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Riley’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third-party.
Questions. You may contact Riley at manager@rileytraffic.com with any questions, complaints or claims regarding the App.