IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT WE ARE GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
1. Acceptance of Ts&Cs Your use of our Website, an on-board Ready Mobile diagnostics module (“Ready Mobile Groove Module”), and your subscription to the Distracted Driving Services (collectively, the “Distracted Driving Services”), are expressly conditioned on your acceptance of these Terms and Conditions (“Ts&Cs”). These Ts&Cs are a legal agreement between you (“you” or “Groove User”) and Ready Mobile, LLC d/b/a Ready Mobile and its successors and assigns (“we,” “us,” or “Ready Mobile”). If you do not agree to these Ts&Cs, do not use our Distracted Driving Services.
2. How the Distracted Driving Services Work Ready Mobile has partnered with Katasi, Inc. (“Katasi”) to provide the Distracted Driving Services. These Distracted Driving Services are designed to reduce mobile-phone related distractions while driving, thereby improving driving safety. You plug in the Ready Mobile Groove Module into a compatible car. The Distracted Driving Services can (a) identify when the car is being driven, (b) determine which Groove User is driving, and (c) block voice, text, and/or data service distractions of selected Groove Users’ mobile phones until the car is turned off. You will still be able to dial 911 while using the Distracted Driving Services.
Our Distracted Driving Services allow Ready Mobile to monitor mobile phones associated with the Ready Mobile Groove Module and to analyze the driving activities of Groove Users. You may use our Distracted Driving Services to monitor the driving activities of you and other Groove Users, provided that you have confirmed that all such Groove Users consented to such monitoring.
You can also download the Groove App by Katasi mobile application (“Groove App”) for an enhanced user experience, including the ability to disable the Distracted Driving Services for individual Groove Users’ mobile phones. If you do not download the Groove App, Groove Users can disable the Distracted Driving Services for individual Groove Users’ mobile phones by calling 319.730.6527 from the blocked phone.
3. Ts&Cs Scope These Ts&Cs apply solely to the Distracted Driving Services. Other Ready Mobile products or services have their own applicable terms and conditions that solely apply to those products or services.
These Ts&Cs also govern any updates or replacements to the Distracted Driving Services and these Ts&Cs, unless separate Ts&Cs accompany such updates or replacements, in which case the separate Ts&Cs shall apply.
The Groove App is exclusively owned by Katasi. When you download the Groove App, you will be required to read and agree to be bound by Katasi’s applicable terms and conditions, for which Katasi is solely responsible.
4. Eligibility By subscribing to and/or using the Distracted Driving Services, you represent that you and any other individuals with Ready Mobile phone service who you sign up for the Distracted Driving Services: (a) are at least 18 years of age or you are authorized to sign them up on their behalf, (b) will be placing the Ready Mobile Groove Module in a compatible vehicle, (c) can access the Distracted Driving Services with a phone that has the appropriate operating system and (d) agree to these Ts&Cs for use with the Distracted Driving Services and Ready Mobile Groove Module.
5. Access to Your Vehicle and Mobile Phone, and Related SecurityWhen you install the Ready Mobile Groove Module, you authorize Ready Mobile and Katasi to access your vehicle’s computer systems and the mobile phones associated with the Ready Mobile Groove Module to collect various information for purposes of providing the Distracted Driving Services, including without limitation, your location, contacts, other apps running on your mobile phone, your vehicle identification number, and vehicle speed and other driving related information. We may also use your information for other purposes, including but not limited to responding to your comments and questions and providing customer service, personalizing the Distracted Driving Services for you and your authorized users, related commercial activities and protecting, investigating, and deterring against fraudulent, unauthorized, or illegal activity.
If you install and configure the Ready Mobile Groove Module in a vehicle, you (a) represent and warrant that you have the authority to install the Ready Mobile Groove Module in such vehicle and (b) are solely responsible for (i) any use of the Ready Mobile Groove Module by such Groove Users and (ii) ensuring that any such Groove Users read and agree to comply with these Ts&Cs.
Your security, and the security, integrity, and confidentiality of your information, are important to us. We have implemented technical, administrative, and physical security measures that are designed to protect our Distracted Driving Services technology and user information from unauthorized access, disclosure, use, and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Despite our reasonable efforts, no security measures are perfect or impenetrable, and you acknowledge and understand that we cannot guarantee the security of the Distracted Driving Services or your information.
6. Notifications; Availability Exceptions; Service Limitations; Your Responsibility While Driving Our Distracted Driving Services may allow you to receive notifications regarding Groove Users’ mobile phone activities, including without limitation, if any Groove Users have overridden the Distracted Driving Services while in a moving vehicle.
You acknowledge and understand that Ready Mobile may not be able to provide such Distracted Driving Services at all times due to reasons outside of our control or that are “Availability Exceptions,” which include, but are not limited to when:
In addition to the Availability Exceptions described above, you also acknowledge and agree that in no event shall Ready Mobile be obligated to prevent, mitigate, reduce or otherwise address or affect any distractions to a Groove User while driving resulting from the following
SAFE DRIVING IS YOUR RESPONSIBILITY. The Ready Mobile Groove Module and the Distracted Driving Services should not in any way be viewed or considered as an assurance or guarantee of driving safety. There are numerous manners in which a driver can be distracted that do not involve the use of mobile wireless technology while driving. Furthermore, Ready Mobile cannot prohibit tampering or disabling of the Ready Mobile Groove Module. You agree to comply with the following when using the Distracted Driving Services: (a) observe all traffic laws and otherwise drive safely; (b) use your own personal judgment while driving; and (c) do not use any Distracted Driving Services for any illegal, unauthorized, unintended, unsafe, hazardous, fraudulent, or unlawful purposes, or in any manner inconsistent with these Ts&Cs.
7. Acceptable Use You will be solely responsible for your conduct with respect to the Distracted Driving Services, and you agree that you will not do any of the following in connection with the Distracted Driving Services:
8. Payment of Fees You agree to pay all applicable fees charged by Ready Mobile related to the Distracted Driving Services. Ready Mobile may, subject to applicable notice requirements, adjust fees at any time, and your continued use of the Distracted Driving Services shall constitute acceptance of such adjusted fees. Monthly recurring charges are billed in advance each month for the Distracted Driving Services. You agree to provide us with accurate and complete billing information. If you fail to timely pay your invoice, you agree that Ready Mobile may, at our sole option, suspend or terminate the Distracted Driving Services. Ready Mobile may charge an additional fee for reinstatement of your suspended or terminated account. You agree that until your subscription to the Distracted Driving Services is terminated, you will continue to accrue charges that you are responsible to pay, even if you do not use the Distracted Driving Services. In the event Ready Mobile takes legal action to collect any overdue balance, you agree to reimburse us for all expenses incurred to recover such sums, including without limitation, reasonable attorney fees and other legal expenses.
READY MOBILE DOES NOT WARRANT THAT THE LICENSED PRODUCT OR SERVICES WILL RESULT IN SAFER DRIVING; PREVENT UNSAFE DRIVING; COLLISIONS; PERSONAL INJURY; DEATH; OR OTHER HARMFUL EVENTS.
9. Communications With You and Your Contacts. Ready Mobile may use predictive or autodialing equipment, text messaging, and/or prerecorded messages to contact you to advise you about the Distracted Driving Services or other matters we believe may be of interest to you. When you sign up for Distracted Driving Services, you are asked to OPT IN to receive these communications, and you may decline to receive them or may opt out at a later date (you are not required to opt in as a condition of using our services). For example, you can cancel these communications at any time by contacting customer service at 1-800-570-3869. If you want to join again, just sign up as you did the first time and we will start sending communications to you again.
We also may send automatic reply messages to individuals who try to contact you while you are using the Distracted Driving Services to inform senders that their messages have not been delivered and/or you are unavailable because you are driving. You represent and warrant to us that you have received the consent of the recipients of the automatic reply messages to receive such messages.
10. Intellectual Property Rights Unless otherwise stated, all materials contained on or within the Distracted Driving Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Ready Mobile Materials”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Ready Mobile Materials may violate such laws and these Ts&Cs. Ready Mobile’s logo is a registered trademark of Ready Mobile in the United States and other countries.
Termination. This license is effective until terminated. You agree that Ready Mobile may, in our sole discretion, terminate or suspend your access to the Distracted Driving Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and you may be referred to appropriate law enforcement authorities.
Promptly upon termination, you must cease all use of the Distracted Driving Services. Termination will not limit any of Ready Mobile’s other rights or remedies at law or in equity. Upon termination or suspension, regardless of the reasons therefore, your right to use the Distracted Driving Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to this Ready Mobile website. Ready Mobile shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Upon termination, you will (a) stop all use of Distracted Driving Services and (b) pay for use of Distracted Driving Services up to the date of termination of the Distracted Driving Services.
11. Export Controls Software available on or through this website, included with the Ready Mobile Groove Module, and Distracted Driving Services is subject to United States Export Controls. No software may be downloaded by or exported to (a) any country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Distracted Driving Services are intended for use within the United States of America. Ready Mobile makes no representation that the Distracted Driving Services are appropriate or available for use in other locations. If you choose to access or use the Application from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Distracted Driving Services from jurisdictions in which the Distracted Driving Services, in whole or in part, are illegal or penalized is prohibited.
12. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY, IF ANY, FOR READY MOBILE FOR ANY CLAIMS ARISING OUT OF THESE Ts&Cs AND YOUR USE OF THE DISTRACTED DRIVING SERVICES SHALL BE EXPRESSLY LIMITED TO THE LESSER OF THE FEES PAID BY YOU TO READY MOBILE FOR THE DISTRACTED DRIVING SERVICES IN THE LAST TWELVE MONTHS OR $50 (USD).
EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL READY MOBILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM DEATH, PERSONAL INJURY, PROPERTY DAMAGE, INFORMATION SECURITY-RELATED COMPROMISES, LOST BUSINESS, LOST REVENUE, GOODWILL, COST OF SUBSTITUTE GOODS, OR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR KNEW OR SHOULD HAVE KNOWN OF SUCH POSSIBILITY OF DAMAGES, UNDER ANY LEGAL THEORY OF LIABILITY, INCLUDING TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DISTRACTED DRIVING SERVICES.
13. Indemnification You agree, at your sole expense, to defend, indemnify and hold Ready Mobile, and its successors and assigns, officers, directors, shareholders and employees harmless from and against any and all third party actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way related to: your or any Groove Users’ use of the Distracted Driving Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. Disclaimer of All WarrantiesTHE DISTRACTED DRIVING SERVICES PROVIDED BY READY MOBILE AND THE INFORMATION ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE DISTRACTED DRIVING SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE DISTRACTED DRIVING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (c) NO ACCIDENTS, INJURY OR DEATH WILL OCCUR, OR (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DISTRACTED DRIVING SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE DISTRACTED DRIVING SERVICES AND INSTALLATION OF THE READY MOBILE GROOVE MODULE ARE DONE AT YOUR OWN DISCRETION AND RISK.
YOU ACKNOWLEDGE AND AGREE THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY READY MOBILE SHALL NOT BE DEEMED TO CREATE AN EXPRESS OR IMPLIED WARRANTY.
15. Release of Ready Mobile To the fullest extent permitted by law, and based on your acknowledgment and consent to these Ts&Cs, you agree to release and hold harmless Ready Mobile and its successors and assigns, officers, directors, shareholders and employees from any and all potential liability associated with the Distracted Driving Services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
16. Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the Ts&Cs and conditions of any agreement contained herein.
17. Governing Law These Ts&Cs and all matters arising out of or related to Distracted Driving Services shall be governed by the laws of the United States (including federal arbitration law) and the State of Iowa, without regard to conflicts of law provisions.
18. Disputes and Arbitration PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using the Distracted Driving Services constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Ready Mobile will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE Ts&Cs OR THE DISTRACTED DRIVING SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. AND YOU AGREE THAT READY MOBILE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Ts&Cs and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Ts&Cs, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Ts&Cs will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
19. Attorney Fees and Expenses In the event that Ready Mobile commences a proceeding to enforce any rights or remedies against you under this Agreement, or to obtain a declaratory judgment with respect to these Ts&Cs, if Ready Mobile prevails, the applicable Groove User shall pay all costs incurred by Ready Mobile in connection with such action or legal proceeding, including reasonable attorneys’ fees and court costs.
20. Notices All notices to a party shall be in writing. Notices to us must be sent via U.S. Mail to the attention of:
Ready Mobile, LLC
955 Kacena Rd # A
Hiawatha, IA 52233
Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication:
21. Entire Agreement These Ts&Cs constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.
22. Survival If any part of these Ts&Cs is held invalid or unenforceable, that portion shall be construed in a manner consistent with Distracted Driving Services to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. No Third-Party Beneficiaries You agree that there shall be no third-party beneficiaries to these Ts&Cs.
24. No Waiver Any failure by us to enforce or exercise any provision of these Ts&Cs or related rights shall not constitute a waiver of that right or provision.
25. Updates to These Ts&Cs Ready Mobile may modify these Ts&Cs from time to time by notifying you of such changes by any reasonable means, including by posting the revised Ts&Cs on this website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Ts&Cs incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Distracted Driving Services after we post any changes, you accept the updated Ts&Cs. The “Last Updated” legend above indicates when these Ts&Cs were last changed.