STREETFLOW TERMS OF USE

These Terms of Use represent the agreement(“Agreement”) between you and StreetOwl, Inc. (“StreetOwl”) with respect to the StreetFlow service. Any upgrades, modification or additions to the StreetFlow service will also be subject to these Terms of Use. You, your employees, agents, and contractors and any other entity on whose behalf you accept these Terms of Use (collectively "you") are treated as accepting these Terms of Use by using the StreetFlow service in any way. If you feel that these Terms of Use are unacceptable to you, please do not use the StreetFlow service.

The StreetFlow service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

The StreetFlow service utilizes map and other data licensed to StreetFlow by third parties for the benefit of you and other end users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the StreetFlow service is limited by and subject to such terms.

The Terms of Use at www.streetflow.net will apply to the use of the global roaming service in the United States and Canada. For further information about this service and the terms, please visit www.streetflow.net.

1. 1. DESCRIPTION OF STREETFLOW SERVICE
   The StreetFlow service allows you to obtain via your wireless device GPS-assisted information regarding points of interests around your current position while travelling. The StreetFlow service is strictly for travelers that are not directly engaged or responsible for their movement, including but not limited to riders, passengers of public or private transportation. For StreetFlow to provide these services, StreetFlow must periodically receive your GPS location from the GPS hardware associated with your wireless device. In using the StreetFlow service, you allow StreetFlow to access your GPS hardware and otherwise obtain this location information, and to record, compile and display such information internally. This location information will only be used to provide the StreetFlow service and will not be shared with any third parties except StreetFlow affiliate companies where this is necessary to support the services provided to you. Such information is subject to StreetFlow’s Privacy Policy located at http://www.streetflow.net/privacy 

2. SAFE AND LAWFUL USE OF THE STREETFLOW SERVICE

2.1 You agree to comply with the following when using the StreetFlow service:

1. For its use in public or private transportation, please ensure that the information does not cause any impediments for driver to observe all road and traffic laws and otherwise drive safely.
2. Do not use the StreetFlow service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
3. Arrange all wireless devices and cables necessary for use of the StreetFlow service in a secure manner in your vehicle so that they will not interfere with driving and will not prevent the operation of any safety device (such as an airbag).

2.2 You are responsible for procuring (from StreetFlow, its Distributors or other parties) the necessary wireless devices and cables for use of the StreetFlow service.
2.3 StreetFlow uses all reasonable efforts to maintain, but cannot guarantee the security of the StreetFlow service or the transmission of data or information to and from the StreetFlow service. StreetFlow will not be responsible or liable in the event of any infiltration of any of its security systems.
2.4 You acknowledge that the map database used for the StreetFlow service may not always reflect reality, due to, among other things, road closures, construction, weather, new roads and other changing conditions.
2.5 You must not use the StreetFlow service for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner inconsistent with these Terms of Use. 

3. TELEPHONE CHARGES
You are responsible for any fees assessed by your wireless telephone carrier to access the StreetFlow service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the StreetFlow service. StreetFlow reserves the right to change at any time the phone number designated for you to access the StreetFlow service, including eliminating any toll-free numbers. 

4. TERMINATION
4.1 StreetFlow reserves the right to suspend or terminate your use of the StreetFlow service, at any time, for any or no reason and shall have no liability to you upon such suspension or termination.

5. PRIVACY POLICY AND ACCOUNT INFORMATION
5.1 By subscribing to and continuing to use the StreetFlow service, you agree to the terms of the Privacy Policy at http://www.streetflow.net/privacy
5.2 Your information will be handled by StreetOwl for the purposes of providing the StreetFlow service to you, including location tracking and will not be passed to any third parties except to (i) StreetOwl Inc. in order to carry these purposes; (ii) third parties in the event either of a reorganization or a sale of the assets of a StreetOwl company (and where steps have been taken to ensure that your privacy rights continue to be respected). For further information please see StreetOwl's Privacy Policy.
5.3 By using the StreetFlow service, you consent to receive from StreetFlow all communications, including notices, agreements, legally required disclosures or other information in connection with our provision of the StreetFlow service (collectively, "Notices") electronically. StreetOwl may provide such electronic Notices by posting them on this website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the StreetFlow service. By using the StreetFlow service, you also consent to StreetOwl contacting you using your mobile phone number or, where provided to us, your address or e-mail with information about additional functions, features, products and services available from StreetOwl. For further information about these communications please see StreetOwl's Privacy Policy.

6. SOFTWARE LICENCE
6.1 In order to use the StreetFlow service, you will first need to download the StreetFlow client software onto your wireless device. Subject to your compliance with these Terms of Use, StreetFlow hereby grants to you a personal, non-exclusive, non-transferable license: (i) to download or otherwise copy the StreetFlow client software onto your wireless device; and (ii) to use the StreetFlow client software (in object code form only) on such wireless device in order to access and use the StreetFlow service in accordance with these Terms of Use.
6.2 The license in the above paragraph shall terminate automatically upon any termination under these Terms of Use or any suspension, termination or cancellation of your access to the StreetFlow service.
6.3 Except for the limited license expressly granted above, StreetFlow or its licensors shall own all right, title and interest in and to the StreetFlow software, including without limitation all intellectual property rights therein. Except to the limited extent permitted by applicable law notwithstanding contractual prohibition, you shall not reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the StreetFlow software, or part thereof, or otherwise attempt to derive the source code, audio library or structure of the StreetFlow software, without the prior express written consent of StreetFlow. You shall not remove from the StreetFlow software, or alter, any of StreetFlow’s or its licensors' or suppliers’ trade marks, trade names, logos, patent or copyright notices, or other intellectual property or proprietary notices or markings. You shall not sublicense, assign, distribute or otherwise transfer the StreetFlow software. 

8. WARRANTY AND DISCLAIMERS
7.1 Except as expressly set out in these Terms of Use, all other warranties, representations, conditions and terms of any kind, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by applicable law, including but not limited to any implied warranties, representations, conditions or other terms relating to merchantability, fitness for a particular purpose, satisfactory quality, content, performance, accuracy, completeness, effectiveness, reliability, use or results to be obtained from the StreetFlow service or StreetFlow software, or that use of this website, the StreetFlow service or StreetFlow software will be uninterrupted or error free.
7.2 StreetFlow will use all reasonable efforts to ensure that all material and information on this website is correct but, except for any liability in respect of fraudulent misrepresentation:

1. (a) StreetFlow does not accept any liability for any error or omission in the material or information;

1. (b) all material and information on this website is only provided for the purpose of providing information about StreetFlow, the StreetFlow service and related products it supplies; and

1. (c) StreetFlow does not make any representation, term or warranty of any kind in respect of the material or information.
   

8. LIMITATION OF LIABILITY
8.1 To the extent permitted under applicable law, under no circumstances shall StreetFlow, its licensors, suppliers, Distributors, agents (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the StreetFlow service or the StreetFlow software, any defects in the StreetFlow service or the StreetFlow software, or any breach of this Agreement, even if StreetFlow, its licensors, suppliers, Distributors, or agents have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
8.2 Subject to paragraph 9.1, StreetOwl's total liability arising from or in connection with your use of this website, the StreetFlow service, the content of the StreetFlow service, the StreetFlow software and any StreetFlow product (whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to: (a) an amount equal to 125% of the total of (i) the amount paid or payable by you to StreetFlow preceding the event which gave rise to a claim and, if applicable, (ii) the price paid by you for the related StreetFlow products; or (b) if the amount in (a) is less than $0.001 or cannot be ascertained at the time that the liability arose, to $0.002. 

9. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold StreetFlow, its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to reasonable solicitors' fees, arising out of or in connection with your use of the StreetFlow service or the StreetFlow software. 

10. ENQUIRIES
If you have any questions regarding these Terms of Use, the Refund Policy or the Privacy Policy, please contact StreetFlow at the email address support@street-owl.com or by writing to StreetFlow: 1499 Bayshore Hwy, Burlingame, CA 94010