Clientown MyTown Tours Use Policy
Welcome to Clientown’s MyTown Tours!
Introduction
These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Clientown’s MyTown Tours Software (“Software”) and App (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Clientown, LLC. the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
By using the MyTown Tours service, you signify your assent to these Terms;
- Clientown’s privacy policy (“Privacy Policy”); and
- Clientown’s Terms of Use Policy (“Terms of Use Policy”)
all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
Key Points
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Clientown..
- Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
- Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. Distracted driving is very dangerous. Always drive in accordance with traffic laws and in a manner that is appropriate and safe for road and traffic conditions. Any interactions with the service while operating a motor vehicle is strictly forbidden. Passengers other than the driver may interact with the service while the motor vehicle is in motion, provided any such interaction does not distract the drivers attention from the road or traffic and does not interfere with the drivers operation of the motor vehicle.
- Location-based Service. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Clientown application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy:
- Clientown uses your location and route information to create a detailed route history of all of your journeys made when using the Service. Clientown uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users, to improve the effectiveness of the tours provided by the Realtor sending the tour, and more as described in detail in the Privacy Policy. This history is associated with your sign up and use of our Service. This history is retained by Clientown for a limited period of time and in accordance with the Privacy Policy.
- Advertisements. Third party advertisements may appear on the Service from time to time. Clientown does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
- Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G, 5G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
- Free Software App. The Service utilizes Software for map displays, updates and road information. With respect to some cellular telephone devices running the Software, the Software is a free-software. The Service, its database, Clientown’s trademarks, the design of the maps of the Service and the voice files integrated in the Software – all are not free-software.
- Clientown’s Website. Our website is made available free of charge. We do not guarantee that Clientown Websites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Clientown Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access to Clientown Websites through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
- Your age. The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Service you must be 18 years of age or older. If you are under 18, you may not download or use the Service. Accounts of users under the age of 18 years will be canceled and deleted by Clientown, upon receiving notice.
- Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Clientown as detailed in our Privacy Policy. The Privacy Policyexplains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Clientown, subject to this section, the Privacy Policy and any applicable laws and regulation.
What is the Service
The Service allows vehicle drivers to navigate to predetermined map address as part of a tour provided by a Realtor. The Service is provided mainly through the Software and also may contain a picture header and word descriptions about each stop as well as audio and video clips related to each of the tour stops provided by the Realtor sending you the tour.
The License
Clientown Service. Clientown hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
Using the Service
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Clientown. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Clientown.
The Software may not be used in any way that is not expressly permitted by these Terms.
Use Restrictions
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Clientown’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Clientown’s prior written consent;
(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);
(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
(ix) frame or mirror any part of the Service and/or Site without Clientown’s prior express written authorization;
(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
(xi) forward any data generated from the Service and/or Site without the prior written consent of Clientown;
(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;
(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;
(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Clientown’s express prior written consent; or
(xv) infringe or violate any of these Terms.
Termination of Use of the Service
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Clientown of such termination. However, if you would also like for Clientown to delete your Clientown account and your personal information contained in the account, please use the “Delete Account” function in the in app Privacy Settings or Account & Sign in Settings. On receiving such a request, Clientown will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.
Clientown retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Clientown deems appropriate, at its sole and absolute discretion.
Rights in Content
When you submit Content, such as User Reviews, to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Clientown to publish the Content and exploit all intellectual property rights in and to the Content. Clientown receives no ownership rights in and to the Content that you submit. However, by submitting Content to Clientown, you hereby grant Clientown and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Clientown in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Clientown’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Clientown provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Clientown to be your agent).
Examination of Content
Clientown may examine the Content, such as User Reviews, before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication.
Clientown retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Clientown does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Clientown. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
Limitation of Liability and Warranty
CLIENTOWN PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally, and without derogating from the above clause, Clientown disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Clientown exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Clientown’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Clientown or any of its providers.
CLIENTOWN, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
Links and Commercial Information in the Software
The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Clientown may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Clientown cannot and does not guarantee the reliability or accuracy of third party Ads. Clientown does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Clientown will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
It is underscored that the advertising of commercial content by Clientown does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software includes links to services or applications not operated or managed by Clientown, Clientown will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Clientown will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
Breach and Indemnity
Without derogating from any applicable law, you agree to indemnify and hold harmless Clientown and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Clientown, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
Privacy
Clientown respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
Modifications to the Service and Software
Clientown may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Clientown for applying such changes or for failures incidental to such changes.
Termination of Service
Clientown may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
Governing Law and Jurisdiction
You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the State of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina.
If you are located outside of the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this Agreement, you voluntarily subject yourself to the jurisdiction of the State or federal courts of Charleston County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
If you are a citizen of a country that does not permit Internet transactions to be governed by the laws of South Carolina and/or the applicable United States federal law as above referenced in accordance with this Agreement, please immediately cease use of Clientown and terminate your account by written notification to us of such termination.
Contact Us
You may contact us concerning questions about the Service, through our website “Contact Us” page. We will make our best efforts to address your inquiry promptly.