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Privacy Policy

Last Updated: October 28, 2020

This Privacy Policy explains how information about you is collected, used and disclosed by Xevo Inc. and our affiliates and subsidiaries (collectively, “Xevo” or “we”) for certain services. This Privacy Policy applies to information we collect when consumers access or use our mobile applications and other online services or applications that link to this Privacy Policy (collectively, the “Services”)
Our Privacy Policy does not cover any third parties their products, actions or services (except service providers acting solely on our behalf). For example, we handle end user data in connection with services we provide for our business customers. Xevo handles that data per agreements with those customers, and they may have their own policies about how they use your data. Our Services also allow you to use and connect to third party services and third parties may collect information through our Services. You may also connect with and follow our accounts and pages on third party social networking services. We cannot control how such third parties may collect, use or secure your data. For information about a third party’s privacy practices, please consult their privacy policy.
From time to time, Xevo may change this Privacy Policy. If we make changes, we will notify you by revising the “Last Updated” date above and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).

Collection of Information

Information You Provide

We collect information you provide directly to us. For example, we collect information when you access or use the Services, create an account, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, passwords, country of origin, location, and any other contact or identifying information you choose to provide.
If you connect with our accounts and pages on third party social networking platforms, you are providing us with information about your social networking accounts, for example, your name, user name, and public profile.

Information Collected Automatically When You Use the Services

When you access or use our Services, we and others may automatically collect information about you using cookies, pixels, device identifiers and other similar technologies. Cookies are small data files stored in your device memory that includes a unique identifier. Pixels are electronic images that may be used on our websites or in our emails. Among other things, cookies and pixels help us and others enable certain features, provide you with a more personalized experience, understand the use of and improve the Services and deliver customized content, marketing messages and advertising to you. We and others also use pixels to deliver cookies, count visits, understand website usage and campaign effectiveness and to tell if an email has been opened and acted upon.
The types of information we and others may automatically collect include, for example, device operating system type and version, device type and models, device identifiers, software version, usage and performance data, error logs, time-stamped logs of data exchanges, content search, upload, and viewing history, Internet Protocol (IP) addresses, Wi-Fi network name (SSID – service set identifier) and strength. access times, browser type and language, the websites you visited before coming to our websites, and other usage and device information.
If you use our Services, we and certain third parties, including analytics companies, advertisers and ad networks, may also automatically collect personally identifiable information about your online activities over time and across different websites, devices, online channels and applications.

Information We Collect From Other Sources

Xevo may also obtain information from other sources and combine that with information we collect about you. For example, if you choose to share information about your use of the Services with others through third party social media sites, we will receive information from those third party sites, such as whether your notifications were successfully transmitted.

Use of Information

We may use information about you for various purposes, including to:

• Provide, maintain and improve our services;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards and events offered by Xevo and our select partners and send you other news and information we think will be of interest to you;
• Send you service information, including confirmations, invoices, notices, updates, security alerts, and support and administrative messages;
• Respond to your comments and questions and provide customer service;
• Monitor and analyze trends, usage and activities in connection with our Services demographics of users our services, and our marketing and advertising effectiveness.
• Personalize the Services and provide advertisements, content, or features that match your interests or preferences;
• Carry out any other purpose for which the information was collected;
• Enforce our terms and conditions or protect our business or users; and
• Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

Xevo is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services, you consent to the processing and transfer of information in and to the United States and other countries which may not have equivalent data protection laws as those in your home country.

Sharing of Information

Information You Share

The Services may allow you to connect and share your actions, comments, content, and information publicly or with other people you specify. You may also connect to and share your information on third party social media platforms, websites, applications, and services through “plug-ins,” widgets, buttons, and other third party features on and connected with our Services. Please be mindful of your own privacy needs and those of others as you choose who to connect with, what you share with us and others, and what you make public. We cannot control the privacy of information you choose to make public or share with others. We also cannot control and are not responsible for any social media services or their actions including the data that they collect from you and your device or how they use such data. Please review their privacy policies to understand their privacy practices.

Information We Share

We may share information about you as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
• To (i) comply with laws or to respond to lawful requests and legal process; (ii) to protect the rights and property of Xevo our agents, customers, and others including to enforce our agreements, policies, and terms of use; or (iii) in an emergency to protect the personal safety of Xevo personnel, its customers, or any person;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, transaction, bankruptcy, dissolution, or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company; and
• With your consent or at your direction.

We may also share aggregated or de-identified information for any legal purpose.

Determining and Sharing Location

Some of the Services deal with location, so in order to work, the Services need to know your location. When you use the Services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers. One or more of our apps may, from time to time, tell us about your device’s location even if you are not directly interacting with the application.
When we have location information, we use it to tailor our Services for you and others. For example, whenever you open and use/interact with one of our apps on your mobile device, we may use the location information from your mobile device (e.g., latitude and longitude) to tailor the Services to your current location (i.e., we’ll show you a list of nearby locations, friends and tips). This location information is NOT shared with others, except for authorized partners who help us improve and deliver the Services to you.

Advertising and Analytics

We may use cookies and pixels on our websites, in our ads, and in our emails to deliver and track Xevo advertising displayed to you on third party sites and apps. We also use cookie information to know when you return to our websites after visiting these third party sites. We use this information and other information about you to try to understand your interests and show you relevant advertising and information about products and services offered by Xevo and its partners.
Certain third party ad networks may also automatically collect information about your visits to our websites and other websites, such as your IP address, your Internet service provider, and the browser you use to visit our site (but not your name, address, email address or telephone number). They do this using cookies, pixels or other technologies. Information collected by such third parties may be used for analytics and advertising, including to deliver advertising relevant to your interests and to better understand the usage and visitation of our websites and other sites tracked by these third parties. This Privacy Policy does not apply to, and we are not responsible for, cookies, pixels, and other technologies used for third party advertising, and we encourage you to check the privacy policies of third party advertisers and/or ad services to learn about their use of cookies, pixels and other technology. You can learn more about their practices and your choices by visiting the Digital Advertising Alliance http://www.aboutads.info/choices/ in the USA, Digital Advertising Alliance of Canada http://youradchoices.ca/ in Canada or the European Digital Advertising Alliance http://www.youronlinechoices.eu/ in Europe and visiting the privacy policies of the companies listed as customizing ads for your browser. For more information about targeted advertising, or to opt out of having your information used in this way, please visit Google Ad Preferences for Apps on your mobile device.

Security

Xevo takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, there is no such thing as absolute security, and we cannot guarantee the security of information about you. To help protect your own information, never share your account information or password, reuse your password with other accounts, or use a password you have used with other accounts.

If you learn of a security issue with our Services or any authorized use of your account, please let us know immediately by contacting us at support@xevo.com.

Your Choices

When you use our Services, we and others give you the following choices including choices about use of mechanisms for tracking your online activities over time and across different websites, devices, and online services by third parties.

Account Information

You may request to access, update, correct or delete information about you at any time emailing us at support@xevo.com. You may also update certain information by logging into your online account. If you wish to request to delete or deactivate your account, please email us at support@xevo.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Emails

You may opt out of receiving promotional emails from Xevo by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations. If you do not want us to track your actions taken with emails we send you, some email services let you change your display to turn off HTML or disable download of images which should effectively disable our email tracking, or you may simply opt- out of our promotional emails as described above.

Cookies

Many Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies from our servers. If you choose to remove cookies or reject cookies, this could affect certain features or services of our websites. Cookie management tools provided by your browser may not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here:

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html #117118 (or in the EU http://www.youronlinechoices.com/ ).

You can also choose to opt-out of use of cookies by many of our third party advertising partners to deliver ads tailored to your profile and preferences by visiting the Digital Advertising Alliance http://www.aboutads.info/choices/ in the USA, Digital Advertising Alliance of Canada http://youradchoices.ca/ in Canada or the European Digital Advertising Alliance http://www.youronlinechoices.eu/ in Europe. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choices.

Mobile Devices

Mobile devices and mobile device system software may provide certain opt-out choices that you can control. For example, Apple iOS provides an opt-out choice that you can use to control certain in-app advertisements, and certain mobile device operating systems provide opt-out choices for push notifications or alerts. Please consult your device settings for more information or to opt out using these mechanisms.

While we and others give you choices described above, there are many ways Web browser signals and other similar mechanisms can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.

Contact Us

If you have any questions about this Privacy Policy, please contact legal@xevo.com or by writing to:

Xevo Inc.
10900 NE 8th Street, Suite 800
Bellevue, WA 98004

Terms of Use

Last Updated: March 05, 2019

XEVO INC. TERMS OF USE for WEBSITE, WEBSITE SERVICES, AND RELATED SOFTWARE

INTRODUCTION

The following describes Xevo’s requirements for using our websites, website services, and software related to, downloadable at, or otherwise accessible in connection with our websites:

You agree to provide accurate information.
You agree to use our services in an ethical, responsible, and lawful manner.
You are responsible for your password and user identification (or ID), and you acknowledge that it is solely your responsibility to maintain the confidentiality of your password and user ID and keep track of who is using your account.
Xevo respects intellectual property rights, requires our users to do the same, and has a mechanism in place to respond to the concerns of copyright holders.
Please read the complete agreement that follows:

ACCEPTANCE

Welcome to Xevo Inc.’s web site. These Terms of Use govern your use of www.xevo.com, www.xevo.com, prod.uiexm.com, users.uiexm.com, demo.uiexm.com, kmdemo.uiexm.com, and other web sites supported by Xevo (collectively, the “Site”), any and all Xevo software downloaded from the Site or obtained elsewhere (the “Software”), and the services made available on the Site or through use of the Software (the “Services”). By using the Services or Software or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use the Services or Software or visit or browse the Site. These Terms of Use constitute a binding legal agreement between you and Xevo, Inc. (“Xevo,” “we,” “us,” and “our”). Please read them carefully before accessing or using the Site or the Services.

MODIFICATIONS

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, including the right to charge for the Software or Services. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site, the Services, or the Software constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, the Services or the Software to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software, and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.

REGISTRATION

Before you can use certain parts of the Services, you may be required to register as a member through the Site. You must be 18 years of age or older to register as a member and use the Services and Software. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form, or forms (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, the Site, or the Software. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content (as defined below in the section below entitled “CONTENT”) violates the rights of third parties; or (d) protect the rights, property, or personal safety of Xevo, its users, or the public.

CONTENT

The Site, the Software, and the Services may allow you and other third parties to post media, data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information that will be accessible by visitors to and members of the Site (“Public Content”). The Site and Services may also allow you to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information that will be accessible only to you and other members specifically designated by you (“Private Content”); (Public Content and Private Content collectively, “Content”). All Content, whether publicly posted on or privately transmitted via the Site, the Software, or the Services, is the sole responsibility of the person from whom the Content originated and not of Xevo, or its shareholders, directors, officers, or employees. Xevo may review and delete any Content, in whole or in part, that in the sole judgment of Xevo violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Xevo or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Site, the Software, or the Services. It is your responsibility to evaluate the Content available through the Services, the Software, or the Site. Although Content will not be pre screened or reviewed, we reserve the right to refuse or delete any Content. Furthermore, you understand that whether or not your Content is Public Content or Private Content, Xevo does not guarantee any confidentiality with respect to the submission or distribution of any such Content.

TRADEMARK; COPYRIGHT

XEVO, UIEVOLUTION, UIENGINE, UIE, the UIE logo, EXPERIENCEMANAGER, UIEXPERIENCE, CLOUDCONNECT, and other Xevo brands, graphics, logos, page headers, button icons, scripts and service names used on the Site and in connection with the Software and Services are registered and unregistered trademarks or trade dress of Xevo Inc. Any trademarks not owned by Xevo Inc. that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xevo Inc. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, is the property of Xevo Inc., its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

LICENSES

Subject to the terms of this Agreement, we grant to you a limited, personal, non exclusive, non transferable license to install and use one copy of the Software on an unlimited number of personal computers, mobile phones, mobile entertainment devices, and other compatible devices solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.

When you post or submit Public Content, you hereby grant (or warrant that the owner of the Public Content grants) us and each user of the Site or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. When you post or submit Private Content, you hereby grant (or warrant that the owner of the Private Content grants) us and each user of the Site or the Services designated by you a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Private Content for any purpose and without acknowledgement to you.

You shall be solely responsible for your own Content and the consequences of posting and publishing them. By posting or providing Content, either Public Content or Private Content, you represent and warrant that posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party and that you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable person to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use. For the avoidance of doubt, you retain all of your ownership rights in your Content, subject to the licenses granted in these Terms of Use.

USAGE GUIDELINES AND RESTRICTIONS

The Services are for the personal use of members. You agree not to use the Site, the Software, or the Services to: upload, post, e-mail, or otherwise transmit any Public Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses, and URLs) without permission from the owner of such information, or any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way or post Public Content that in any way refers to person(s) under 18 years of age; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; \upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services, the Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
use any automated means to access the Site, the Software, or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts); or
frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

AUTOMATIC FEATURES OF THE SOFTWARE

The Software may contain a feature that allows the Software to automatically update itself to incorporate new versions of the Software. If you interrupt or disable this feature, your copy of the Software may not operate correctly. The Software may contain a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your license to use the Software or your subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if Xevo has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to the Services and data made with or stored using the Software. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.

TERMINATION

These Terms of Use will remain in full force and effect while you use the Site, the Services, or the Software, unless otherwise terminated as set forth in this section entitled “TERMINATION.” You agree that Xevo, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site, the Software, and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Xevo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Xevo may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site or, the Services, or the Software may be effected without prior notice, and you acknowledge and agree that Xevo may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site or the Services. Xevo will not return any Content to you, and you agree that Xevo shall not be liable to you or any third party for any modification or termination of your access to the Site or the Services, or for your inability to recover any Content.

PRIVACY

Any information submitted on the Site or the Services, or via the Software, is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully.

FEEDBACK AND SUGGESTIONS

Xevo (and, to the extent applicable, its licensors) owns and shall retain all right, title, and interest in and to any ideas, opinions, comments, or suggestions that you submit to Xevo, its affiliates, its agents, or its representatives in any form or format (including, but not limited to, e mail, telephone, facsimile, regular mail, text messages, and chat room discussions) and in any context in which it is apparent that Xevo may use such ideas, opinion, comments, or suggestions to improve the Site, the Software, or the Services or any other product or service offered by UIEvolution to its customers.

DISCLAIMERS OF WARRANTIES

The Site, the Services (including all Content), and the Software are provided “as is”; Xevo makes no representations or warranties of any kind with respect to the Software, the Services, the Content, the Site, or any contents therein. Xevo assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. XEVO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Xevo does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.

The Site, the Services (including all Content), and the Software are provided “as is”; Xevo makes no representations or warranties of any kind with respect to the software, the Services, the Content, the Site, or any contents therein. Xevo assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. XEVO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, AND THE CONTENT OF ANY SITES LINKED TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURRACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, THE SERVICES, THE SITE, OR THE CONTENT, (C) ANY UNATHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. XEVO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UIEVOUTION WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU A THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. In addition, Xevo does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.

LIMITATIONS ON LIABILITY

XEVO AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. XEVO AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. XEVO’S AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

YOU SPECIFICALLY ACKNOWLEDGE THAT XEVO SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by Xevo from its facilities in the United States. Xevo makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to indemnify and hold Xevo and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Software, the Site, the Services, or Content, including without limitation these Terms of Use.

LINKS AND ADVERTISING

We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. XEVO IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

GOVERNING LAW AND ARBITRATION

These Terms of Use are governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Software, the Products, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, the Software, or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.

RELEASE

In the event that you have a dispute with one or more users of the Site or the Services, you release Xevo and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.”

CLAIMS OF COPYRIGHT INFRINGEMENT

Xevo respects the intellectual property rights of others, and requires that the people who use the Software, the Site and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
your name, address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If we receive such a claim, we reserve the right to refuse or delete Content as described under these Terms of Use and to terminate a user’s account.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is:

Xevo Inc.
Attn: Copyright Infringement
10900 NE 8th St. Suite 800
Bellevue, WA 98004

After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days.

Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.

You may provide us with a counter notification by providing our copyright agent the following information in writing: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.

EXPORT RESTRICTIONS

You may not export or re-export the Software without (a) the prior written consent of Xevo; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.

GENERAL

Xevo’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from Xevo. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Xevo is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and Xevo and supersede all prior agreements between the parties regarding the subject matter contained herein.

QUESTIONS

Please direct any questions regarding these Terms of Use to: info@xevo.com.

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