PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY GOVERN YOUR USE OF THE LIGHTHOUSE BY MAPQUEST MOBILE APPLICATION AND RELATED SERVICES (COLLECTIVELY, THE "APP") AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING LIMITATIONS ON OUR LIABILITY, AN ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, REQUIRE DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT OR THROUGH CLASS PROCEEDINGS.
THE APP IS NOT AN EMERGENCY RESPONSE SERVICE. The SOS feature alerts other members of your Circle. It does not automatically contact 911, police, fire, medical responders, or any monitored dispatch service. In an emergency, you must call your local emergency number directly.
IF YOU PURCHASE A PAID SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE THEN-CURRENT RATE EACH BILLING PERIOD UNTIL YOU CANCEL.
If you are under the age of 18, STOP: you must have a parent or legal guardian read and accept these Terms on your behalf. By using the App, your parent or legal guardian agrees to these Terms and is responsible for your use of the Services and any claims arising from that use.
The App lets you see where members of your Circle are, share your live arrival time, save and label important Places, send a one-tap Check-in, and trigger an SOS alert to your Circle.
These Terms are an agreement between you and MapQuest Holdings, LLC ("MapQuest," "we," "our," or "us"). They cover your access to and use of the App, any successor or related applications, and any websites, web pages, support resources, and other services we offer in connection with the App (collectively, the "Services").
Before using the Services, please also read our Privacy Policy, which explains how we collect, use, and disclose information about you, including precise location data.
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
The App is intended for personal, non-commercial use by individuals and families. You may use the Services only in compliance with these Terms and all applicable laws.
Anyone under eighteen (18) years of age (or the higher minimum age required in your jurisdiction) (a "child") is prohibited from creating an account on the App without verifiable parental consent. Where parental consent is required, the consenting parent or legal guardian must hold an account, must be a member of the same Circle as the child, and must accept these Terms on the child's behalf.
By providing consent for a child to use the Services, parents and guardians agree to: (i) be fully responsible for the child's use of the Services and ensure that use complies with these Terms and all applicable laws; (ii) be responsible for the child's compliance with the disclaimers, waivers, and limitations of liability in these Terms, on the child's behalf as well as their own; and (iii) supervise the child's interactions with other Circle members and any saved Places, locations, and content shared through the Services.
The Services are not available to anyone we have previously removed from the Services.
To use the App you must create an account. You are responsible for keeping access to your account secure.
You agree to:
We are not liable for losses arising from unauthorized access to your account.
You may control your profile and how you appear to other Circle members by editing your settings in the app.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, freely revocable license to download, install, and use the App on a mobile device you own or control, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in these Terms.
You agree not to:
Misuse of the Services to track another person without consent is a serious violation of these Terms and may also be a crime in your jurisdiction. You are solely responsible for ensuring that every member of your Circle is aware they are sharing their location and has freely consented to do so.
We may, without prior notice, change the Services; stop providing the Services or any feature; impose usage limits; or restrict access from particular regions, in order to make performance or security improvements, comply with the law, prevent abuse, or because elements of the Services are no longer available to us (for example, if a third-party provider stops supplying them). You may end your relationship with us at any time by deleting your account.
We may suspend or terminate your access to the Services without notice and without liability if, in our reasonable judgment, (i) you have materially or repeatedly violated these Terms; (ii) your account has been inactive for twelve (12) months or more; (iii) you have used the Services in a way that risks harm to another person, including a Circle member; or (iv) we are required to do so by law, regulation, or order of a court or regulator. Where reasonably possible, we will give you notice before suspension or termination, unless doing so would cause harm to another person, compromise an investigation, or breach a legal obligation.
The App includes "Circles" — small groups whose members share their real-time location with one another. The user who creates a Circle is its administrator.
Joining a Circle is consent to share this information with every member of that Circle.
By joining a Circle, you agree to share your location and certain device status information (for example, whether the app has a network connection or whether you have permitted background location) with the other members of that Circle for as long as you remain a member. Other Circle members will see your approximate street address or the name of any Place where you are located, the duration you have been at that location, and the time of your most recent location update.
If you are added to a Circle by a Circle member who is not your parent or legal guardian, and you are a minor, you must obtain your parent or legal guardian's consent before joining. Circle administrators are responsible for ensuring that everyone they invite is aware they are joining a location-sharing Circle and has consented to do so.
The Services display Circle members' locations on a map powered by MapQuest's mapping and routing technology. You may save up to a reasonable number of locations as named "Places" (for example, "Home" or "School"); when a Circle member is within proximity of a saved Place, the app will label their status with the Place name. Place geofences are set to a default radius determined by us, which we may adjust from time to time, and are not user-configurable.
"Check-in" lets you send a one-tap notification to your Circle that you have arrived somewhere. "Heading to…" lets you send a notification with a destination and an estimated time of arrival generated by MapQuest's routing engine. Estimated arrival times are predictions based on current routing data and traffic conditions; they are not guarantees, and actual arrival times may vary significantly due to traffic, weather, road closures, device conditions, network coverage, or any number of other factors.
As part of the Services, you may receive push notifications about Circle activity, including arrivals at and departures from saved Places, low-battery alerts for Circle members, Check-ins and "Heading to…" updates from other members, SOS alerts, and Circle membership changes. You may control most notification categories in your device's system settings; however, disabling notifications may significantly reduce the safety value of the Services.
Battery level, last-seen time, and similar status information are best-effort indicators based on the most recent data your device transmitted to us. They may be delayed, missing, or inaccurate, and should not be relied on as the sole basis for any safety decision.
Location reporting depends on your device, your operating system, the location permissions you have granted, GPS and network conditions, signal availability, battery level, background-app behavior, and many factors outside our control.
Although the App is a location-sharing service, locations may be inaccurate, delayed, missing, or stale. You should not rely on the Services as the sole means of confirming any person's safety, whereabouts, or arrival.
Some areas of the Services let you submit content — your display name, profile photo, Place names, Place addresses, custom Circle name, invite messages, feedback, and similar information ("User Content"). User Content does not include information automatically collected from your phone or device (such as your GPS coordinates, battery level, or device status).
We claim no ownership over your User Content. The User Content you create remains yours; however, by submitting User Content through the Services, you grant us the license described in these Terms and you allow other Circle users to view it in accordance with your settings and these Terms. We have the right (but not the obligation) to remove User Content that we determine, in our reasonable judgment, violates these Terms or could harm us or another user.
You are solely responsible for your interactions with other users ("User Interactions"). We reserve the right, but have no obligation, to monitor disputes between you and other users. We have no liability for your interactions with other users or for any user's action or inaction.
You agree not to post or transmit User Content, or engage in User Interactions, that:
By submitting User Content through the Services, you grant MapQuest a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, prepare derivative works from, distribute, perform, and display that User Content for the purpose of providing and improving the Services. This license ends when you or we delete the User Content from the Services, except (i) to the extent the User Content was shared with other users who retained copies, (ii) to the extent we are required to retain it by law, or (iii) for backup, archival, or compliance copies.
You represent and warrant that (a) you own or have the necessary rights to your User Content, (b) submission of your User Content does not violate any third party's rights, including any intellectual property right or right of privacy, and (c) you have obtained the consent of any individual whose information appears in your User Content (for example, where you save a friend's home as a Place).
The App is available through the Apple App Store and the Google Play Store. Your use of the app is also subject to the terms of the app store from which you downloaded it.
If you downloaded the app from the Apple App Store, you acknowledge and agree that: (i) these Terms are an agreement between you and MapQuest only, not Apple, and we (not Apple) are solely responsible for the app and its content; (ii) Apple has no obligation to provide any maintenance or support for the app; (iii) in the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; (iv) Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability, consumer protection, and intellectual property infringement claims; (v) in the event of a third-party claim that the app infringes intellectual property rights, MapQuest, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim; (vi) you must comply with applicable third-party terms of agreement when using the app; and (vii) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you downloaded the app from the Google Play Store, you acknowledge and agree that: (i) these Terms are an agreement between you and MapQuest only, and not with Google; (ii) your use of the app must comply with Google's then-current Google Play Terms of Service; (iii) Google is only the provider of the store from which you obtained the app; (iv) MapQuest, not Google, is solely responsible for the app; (v) Google has no obligation or liability to you with respect to the app or these Terms; and (vi) Google is a third-party beneficiary of these Terms as they relate to the app.
THE APP AND SERVICES ARE NOT AN EMERGENCY RESPONSE SERVICE. The SOS feature is a notification tool: when triggered, it sends a high-priority push notification with your location to the other members of your Circle. It does not automatically contact 911, police, fire, medical responders, or any monitored emergency dispatch service. We do not staff a dispatcher, and we do not coordinate emergency response on your behalf.
In an emergency, call your local emergency number (such as 911 in the United States) directly, using your device's dialer.
SOS notifications, like all notifications, depend on the sender's and recipients' devices, network connectivity, operating-system behavior, app permissions, battery level, and Do Not Disturb and Focus settings. We cannot guarantee that any SOS notification will be delivered, will be delivered promptly, will be heard, or will be acted on by any recipient.
The Services are not a substitute for professional, medical, legal, security, or emergency services information or advice. Any safety-related information, location, status, route, estimated time of arrival, or other output the Services provide is informational only. You should not take or refrain from taking any action based on the Services. You should always seek the advice of qualified professionals for medical, legal, security, or emergency matters.
Without limiting the disclaimers in these Terms, we make no representation or warranty that the Services will: (i) detect, prevent, or respond to any emergency; (ii) accurately or timely report any person's location, route, or arrival; (iii) deliver any specific notification to any specific recipient; (iv) function in the absence of network or GPS coverage; or (v) function in any specific geography or under any specific device or operating-system configuration.
By providing your email address, you consent to our use of that address to send you Services-related notices (including notices required by law and messages that grant access to your account). We may also use your email address to send you product updates, security advisories, and — where permitted — marketing messages about the Services or related products. You may opt out of non-essential email communications by following the unsubscribe instructions included in those messages, but you cannot opt out of essential Service-related notices while you have an account.
As part of the Services, you may receive notifications. You can disable most categories of notifications in your device's system settings or, where supported, in the app's notification preferences. Disabling push notifications may meaningfully reduce the safety value of the Services, including by preventing you from being alerted to a Circle member's SOS.
We may also communicate with you through in-app banners, dialogs, and the in-app feedback channel. These communications form part of the Services.
Except for your User Content, the Services and all materials and information in them — including software, images, text, graphics, illustrations, logos, trademarks, service marks, copyrights, photographs, audio, video, content, design, the look-and-feel of the Services, MapQuest's mapping and routing technology, and any data generated or transmitted through the Services other than User Content (the "Company Content") — are the exclusive property of MapQuest and our licensors. Except as expressly permitted by these Terms, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. "MapQuest" is a trademark of MapQuest Holdings, LLC and may not be used without our prior written consent.
If you choose to submit comments, suggestions, or ideas about the Services or our products ("Ideas"), you agree that the Idea is provided gratuitously, without restriction, and without any obligation on our part. We are free to use the Idea for any purpose without compensating you. We have no obligation to review, consider, or implement any Idea, and we do not waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from sources other than you. You represent and warrant that any Idea you submit does not violate any third-party rights.
Some features of the App may be available without payment. Other features are or may be made available only as part of a paid subscription (a "Paid Subscription"). The features included in any free or Paid Subscription tier are described at the time of purchase or upgrade and may change over time at our discretion. We will give you reasonable advance notice of any material reduction in the features included in your current tier.
All subscription fees, plus any applicable taxes and other charges (the "Subscription Fee"), are payable in advance at the start of your subscription term and at the start of each subsequent billing period at the then-current rate.
YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNTIL YOU CANCEL. You authorize us, or our third-party payment processor (which may include the Apple App Store or the Google Play Store), to automatically charge your payment method on each renewal date at the then-current Subscription Fee, plus applicable taxes, until you cancel.
You may have the option to pay your Subscription Fee on a monthly basis (a "Monthly Subscription") or on an annual basis (an "Annual Subscription"). For Annual Subscriptions, we will send you a reminder before each renewal at the then-current Subscription Fee, in accordance with applicable law.
If we offer you a free trial period (a "Free Trial"), you may cancel before the end of the Free Trial to avoid being charged. If you do not cancel before the Free Trial ends, your Paid Subscription will begin automatically and your payment method will be charged the then-current Subscription Fee at the cadence (monthly or annual) you selected at signup. You will continue to be charged on each subsequent renewal date until you cancel. You are limited to one Free Trial per person (per credit card or other unique payment or identification method) in any twelve (12)-month period. Some features may be unavailable during a Free Trial.
We may add new features for additional fees and charges, or change the fees for existing features. Any change to your Subscription Fee will apply to your next billing cycle following advance notice (as required by applicable law). If you do not agree to the change, you may cancel before it takes effect; your continued use of the Paid Subscription after the change becomes effective constitutes acceptance of the new price.
By providing payment information ("Payment Information"), you represent and warrant that you have the legal right to use that payment method, and you authorize us, or our third-party payment processor, to charge it for the Subscription Fee and any applicable taxes. We may pre-authorize your payment method to verify it. If we are unable to charge your payment method (for example, because your card has expired), we will notify you and give you a seven (7)-day grace period to update your information. If you do not update it during the grace period, we may suspend or terminate your Paid Subscription.
Your relationship with your payment provider, including any fees, overdraft charges, or foreign-transaction charges they impose, is between you and that provider; we are not responsible for those charges. You authorize us to continue charging your payment method for charges due to MapQuest until your account is settled and your subscription is canceled by you or by us. We are not responsible for mobile-data charges your carrier imposes for your use of the Services.
Except where required by applicable law, all Subscription Fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, downgrades, or features that you have access to but do not use. If you are a consumer in the EU, EEA, or UK, you have an automatic legal right to withdraw from a Paid Subscription within fourteen (14) days of purchase.
If you purchased your Paid Subscription through the Apple App Store or Google Play Store, refunds (where available) are handled in accordance with the policies of that app store, and you may need to request the refund directly from the store.
Subscription Fees do not include taxes unless we expressly state otherwise. You are responsible for any sales, use, value-added, goods-and-services, withholding, or similar taxes imposed on your purchase, other than taxes based on our net income.
You may cancel your Paid Subscription at any time. Cancellation takes effect at the end of your current billing period; you will retain access to paid features until that date, and you will not be charged for any further billing periods.
If you signed up through an app store, you must cancel through that app store — cancellation in the App alone will not stop the recurring charge.
If you are a consumer based in the European Union, European Economic Area, or United Kingdom, you have an automatic legal right to withdraw from a Paid Subscription within fourteen (14) days of purchase. We will refund the Subscription Fee in accordance with applicable law.
Canceling your Paid Subscription does not delete your account, and deleting your account does not automatically cancel a Paid Subscription you purchased through an app store — you must cancel that subscription separately with the app store. To avoid further charges, cancel your Paid Subscription before deleting your account.
Deleting your account is permanent and cannot be undone. When you delete your account, your profile, your saved Places (in any Circle where you are the only member), your location history, and your Circle membership are deleted in accordance with our Privacy Policy. Where you are a member of a Circle with other members, certain Circle data (such as the Circle itself and Places saved by other members) may continue to exist for those other members.
If you are the sole administrator of a Circle and there are other members in it, you may need to either remove the other members or delete the Circle before deleting your account.
We care about the privacy of our users. Our Privacy Policy describes the information we collect, how we use it, who we share it with, and the choices you have. By using the Services, you consent to the collection, use, and disclosure of your information described in our Privacy Policy.
Because the App is a location-sharing app, we collect precise location data continuously while you are signed in, including in the background where you have granted that permission. Information about how to control these permissions is in the Privacy Policy and in your device's system settings.
We care about the integrity and security of your information and use commercially reasonable safeguards to protect it. However, no method of electronic transmission or storage is fully secure, and we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this section, those disclaimers will not apply to you to the extent prohibited.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WITHOUT LIMITING THE FOREGOING, MAPQUEST DOES NOT WARRANT THAT: (I) THE SERVICES, OR ANY LOCATION, ROUTE, ESTIMATED TIME OF ARRIVAL, ADDRESS, PLACE NAME, BATTERY LEVEL, NOTIFICATION, OR OTHER OUTPUT GENERATED BY THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICES WILL DETECT, PREVENT, OR RESPOND TO ANY EMERGENCY; (III) ANY SOS, CHECK-IN, "HEADING TO," ARRIVAL, DEPARTURE, BATTERY-LOW, OR OTHER NOTIFICATION WILL BE DELIVERED, WILL BE DELIVERED PROMPTLY, OR WILL BE ACTED ON BY ANY RECIPIENT; (IV) THE SERVICES WILL MEET YOUR REQUIREMENTS; (V) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, BE TIMELY, BE UNINTERRUPTED, OR BE SECURE; (VI) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VII) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MAPQUEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE. MAPQUEST IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER.
This subsection does not apply to consumers resident in the UK, EU, EEA, or any other jurisdiction where indemnity provisions of this kind are not enforceable. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MapQuest, our subsidiaries, agents, licensors, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including any intellectual-property or privacy right; (iv) your violation of any applicable law or regulation; (v) any claim or damages arising from your User Content or any Idea you submit; or (vi) any other party's use of the Services through your account.
If the law of the country where you live does not allow the disclaimers and limitations in this section, they will not apply to you to the extent prohibited.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MAPQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT MAPQUEST'S LIABILITY THAT CANNOT BE VALIDLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAPQUEST, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
WITHOUT LIMITING THE FOREGOING, MAPQUEST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, OMISSIONS, DELAYS, OR INACCURACIES IN ANY LOCATION, ROUTE, ESTIMATED TIME OF ARRIVAL, ADDRESS, PLACE NAME, BATTERY LEVEL, NOTIFICATION, OR OTHER OUTPUT GENERATED BY THE SERVICES; (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED ON THEM; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY FAILURE OF AN SOS, CHECK-IN, "HEADING TO," ARRIVAL, DEPARTURE, OR OTHER NOTIFICATION TO BE DELIVERED, OR TO BE DELIVERED PROMPTLY, OR TO BE ACTED ON BY A RECIPIENT; (VI) ANY BUGS, VIRUSES, OR HARMFUL CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VII) USER CONTENT, USER INTERACTIONS, OR THE CONDUCT OF ANY OTHER USER OR THIRD PARTY; OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES.
IN NO EVENT WILL MAPQUEST'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MAPQUEST FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
All legal actions arising out of or relating to the Services must, unless prohibited by applicable law, be commenced within one (1) year from the date the cause of action accrued, or be forever barred.
READ THIS SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES YOU AND MAPQUEST TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THIS SECTION APPLIES TO ALL CLAIMS BETWEEN YOU AND MAPQUEST, INCLUDING CLAIMS THAT AROSE BEFORE YOU ACCEPTED ANY PRIOR VERSION OF THESE TERMS.
To the fullest extent permitted by applicable law, MapQuest and you agree to arbitrate all claims between us, except for: (i) claims relating to the intellectual-property rights of either party (such as patent, copyright, trademark, trade secret, or moral rights, but not including privacy or publicity rights), including claims seeking injunctive or other equitable relief for alleged unlawful use or infringement ("IP Claims"); and (ii) claims properly asserted in small-claims court that the small-claims court agrees to hear and that do not seek class or representative relief. Claims that are not IP Claims but are filed jointly with IP Claims will be resolved in arbitration.
References in this section to "MapQuest," "you," "we," and "us" include each party's predecessors, successors, assigns, parents, subsidiaries, and affiliates, and our respective agents, employees, licensees, licensors, and providers of content as of the time the claim arose.
YOU AND MAPQUEST EACH WAIVE THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This section will survive termination of these Terms.
Before initiating arbitration, filing a small-claims action, or seeking relief in court for an IP Claim, the party with a claim must first send the other a written "Pre-Arbitration Notice". A Pre-Arbitration Notice from you to MapQuest must be emailed to [arbitration email — TBD] and must include: (i) the claimant's name, mailing address, and email address; (ii) a description of the nature and basis of the claim; (iii) the relevant facts; (iv) a description of the specific relief sought, including the damages sought (if any) and a calculation supporting them; and (v) the claimant's personally signed certification of the accuracy of the Notice. The Pre-Arbitration Notice must concern only one party's claim. MapQuest will send a Pre-Arbitration Notice to the email address associated with your account.
After a complete Pre-Arbitration Notice is received, the parties will engage in a good-faith effort to resolve the claim for sixty (60) days (which may be extended by mutual agreement). Either party may request a video settlement conference, which both parties (and their counsel, if any) will personally attend. If the parties do not resolve the claim within sixty (60) days, either party may proceed to arbitration, small-claims court, or court for an IP Claim, as permitted by these Terms.
Compliance with these Pre-Arbitration Notice and informal-resolution procedures is a condition precedent to commencing any arbitration, small-claims action, or court action under this section. Statutes of limitation and any filing-fee deadlines are tolled while the parties engage in this process. If a party files an arbitration without complying with this section, the arbitration may be enjoined and the arbitration provider may decline to administer it.
Either party may seek injunctive or other equitable relief from a court of competent jurisdiction pending completion of these procedures if such relief is necessary to prevent irreparable harm. The court's authority is limited to granting temporary relief in support of the arbitration; the court may not adjudicate the merits.
For arbitrations in which your residence is in North America, Central America, South America, or the Caribbean, the arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), as modified by this section. The AAA's rules and forms are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select another nationally recognized arbitration provider by mutual agreement, or, failing such agreement, a court of competent jurisdiction will appoint the provider.
The party initiating arbitration must submit a certification that they have complied with and completed the Pre-Arbitration Notice and informal-resolution procedures and that they are a party to this arbitration agreement. The demand for arbitration and the certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues are for the arbitrator to decide except those related to the validity, enforceability, or scope of this section, which a court of competent jurisdiction will decide, including whether to enjoin the filing, prosecution, or administration of arbitrations.
Unless the parties agree otherwise, an arbitration hearing involving a claim seeking no more than US$15,000 will be held by videoconference, with both parties having the option to attend live. All other hearings will take place in the county or parish of your residence. At the conclusion of the proceeding, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and MapQuest and has no preclusive effect in any other proceeding involving a different party.
Each party will pay arbitration fees in accordance with the rules of the arbitration provider, except that MapQuest will pay your portion of arbitration fees to the extent required by applicable law or by the arbitration provider's consumer-arbitration rules.
The parties will maintain the confidential nature of the arbitration and any award, except as necessary to prepare for or conduct the arbitration, to enforce or challenge the award in a court of competent jurisdiction, or as otherwise required by law.
The arbitrator may award declaratory, injunctive, or monetary relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Class, collective, consolidated, and representative arbitrations are not permitted.
You may opt out of this arbitration agreement by sending a written notice of opt-out to [opt-out email — TBD] within thirty (30) days of the date you first accepted these Terms (or, where the arbitration provisions are subsequently materially modified, within thirty (30) days of the change). Your notice of opt-out must include your full name, the email address associated with your account, and a clear statement that you do not wish to resolve disputes through arbitration. If you opt out, neither you nor MapQuest will be required to arbitrate disputes between us, but the rest of these Terms will continue to apply.
If any portion of this section is found to be invalid or unenforceable, that portion will be severed and the remainder will be given full force and effect, except that if the class-action waiver is found invalid or unenforceable as to a particular claim, then that claim (and only that claim) will be severed from the arbitration and litigated in court.
YOU AND MAPQUEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
The Services may include links to, or integrations with, third-party websites, services, or content that we do not own or control — for example, your device's native maps app (used to open driving directions when you respond to an SOS), your device's dialer (used to place an emergency call), and the Apple App Store and Google Play Store. We do not endorse and are not responsible for any third-party site, service, or content. If you access a third-party site or service from the Services, you do so at your own risk, and your use is governed by the third party's terms and privacy policy, not ours.
If you have a question or complaint about the Services, please email us at [support email — TBD]. Email is not necessarily secure, so please do not include payment information or other sensitive personal information in your email. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation, are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 17 (Dispute Resolution; Binding Arbitration; Class Action Waiver). Subject to Section 17, the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for the resolution of any dispute or claim not subject to arbitration, and each party waives any objection to venue in those courts on grounds of forum non conveniens or otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MapQuest without restriction. Any attempted transfer or assignment in violation of this section is null and void.
We may provide notices to you by email, by in-app notice, or by posting on our website, as we determine in our reasonable discretion or as required by law. To receive notices by email, you must keep your email address current in your account. We may modify these Terms from time to time to reflect changes to the Services or how we do business; for legal, regulatory, or security reasons; or to prevent abuse or harm. We will provide reasonable advance notice of any material change, including by in-app notice or email. Your continued use of the Services after a change becomes effective constitutes acceptance of the change. If you do not agree to a change, you may close your account.
These Terms, together with our Privacy Policy and any additional terms presented to you in connection with a specific feature, constitute the entire agreement between you and MapQuest concerning the Services. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.
Our failure to assert any right or provision under these Terms is not a waiver of that right or provision. A waiver of any term in any one instance is not a continuing waiver.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google LLC. All other trademarks and trade names are the property of their respective owners.
Please contact us at [contact email — TBD] with any questions about these Terms.
MapQuest Holdings, LLC
4235 Redwood Ave.
Los Angeles, CA 90066
United States