TERMS OF USE

PLEASE READ CAREFULLY

These Terms of Use (“Terms of Use”) is a legal agreement between you and 1HWY1 (“1HWY1,” “we,” “us,” or “our”) that governs your use of the 1HWY1.com website and other 1HWY1 services (collectively, the “Site”) and your use of services made available through the Site. By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use. We have the right to change the Terms of Use at any time. We agree to post a notice of the changes in the footer of our Site, and the changes will be effective 30 days after posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is available at  www.1HWY1.com/privacy-policy.php and incorporated herein by reference.

INTELLECTUAL PROPERTY

All content included on the Site, including without limitation text, graphics, designs, logos, icons, presentations, videos, data, instructions, photographs, and software (the “Materials”), is the property of 1HWY1 or its licensors, including other users of the Site. The Materials are protected by copyright, trademark and other intellectual property laws.

1HWY1 and other trademarks, service marks and logos that we use are trademarks of 1HWY1. Your use of any of the trademarks displayed on this Site without express written permission from 1HWY1 is strictly prohibited.

LIMITED LICENSE

So long as you comply with these Terms of Use, 1HWY1 grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to print or download one copy of the Materials, for non-commercial educational or personal uses only. By downloading, printing, or otherwise using Materials, whether accessed directly from the Site or via other sites or mechanisms, you agree that you will limit your use of such Materials to non-commercial educational, or personal use, and to limit the number of copies consistent with these licensed uses. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication, sale or personal gain, is expressly prohibited.

LICENSE RESTRICTIONS

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. Except as expressly and unambiguously permitted in these Terms of Use or other written consent from 1HWY1, you may not facilitate or permit anyone else to, directly or indirectly:

(i) use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;

(ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, distribute, or exploit in any way the Materials or information from the Site for commercial purposes, including commercial publication, sale or personal gain;

(iii) mirror any Materials contained on this Site or any 1HWY1 server or use framing techniques to enclose the Site or any part thereof;

(iv) circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;

(v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large service request or usage load on our Site infrastructure;

(vi) change or remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials;

(vii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;

(viii) use any metatags or any other hidden text incorporating 1HWY1’s name or trademarks in any online site or posting;

(ix) solicit, trace or otherwise collect any information from users or visitors of the Site;

(x) use the Site for commercial activities such as contests or advertising;

(xi) create a database by downloading and storing the Materials or any part thereof;

(xii) post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.

CONTENT SUBMITTED

Your comments, suggestions and information are important to us. With respect to any content you submit to the Site or otherwise make available to 1HWY1 (including through social media channels), such as your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant to 1HWY1 a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.

In the event that you submit or post any creative suggestions, proposals, or ideas about our Sservices or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.

CONTENT RULES

You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms of Use or the rights of any third party, including infringing or misappropriating any third party intellectual property and publicity rights. You are solely responsible for your user content and your activity on the Site.

USER CONTENT IS NOT PRESCREENED

We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content. You grant us the right to collect, use and share your content in accordance with these Terms of Use and our Privacy Policy. If you have concerns about any content posted by another user, please use the Copyright or Trademark notice procedures in these Terms of Use to notify us.

COPYRIGHT INFRINGEMENT NOTICE PROCEDURE

1HWY1 respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Site in a way that constitutes copyright infringement, then please contact us and provide the following information:

(i) A description of the copyrighted work that you believe has been infringed;

(ii) A description of what the allegedly infringing work is;

(iii) A description of the location where the allegedly infringing work is located on the Site;

(iv) An address and telephone number where you can be contacted, including an email address if possible;

(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and

(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

TRADEMARK INFRINGEMENT NOTICE PROCEDURE

If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), please contact us and provide the following information:

(i) The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.

(ii) The jurisdiction or geographical area to which the mark applies.

(iii) The name, post office address and telephone number of the owner of the mark identified above.

(iv) The goods and/or services covered by or offered under the mark identified above.

(v) A description of the manner in which the you believe your mark is being infringed upon.

(vi) The precise location of the infringing mark.

LINKS TO OUR WEBSITE

You may link to our homepage provided you do so in a way that is fair, clearly identifies 1HWY1, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.

TERMINATION

We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Use; (iv) you will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vi) you and your use of the Site will be in compliance with these Terms of Use.

WARRANTY DISCLAIMER

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. 1HWY1 DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. 1HWY1 ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. 1HWY1 ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.

LIMITATION OF LIABILITY AND DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1HWY1, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless 1HWY1, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user content, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

MISCELLANEOUS

A. SURVIVAL

These Terms of Use that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

B. ASSIGNMENT

These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by 1HWY1 without restriction.

C. DISPUTES

This Agreement shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Diego County, California, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

D. LIMITATIONS ON CLAIMS

Any cause of action or claim you may have with respect to 1HWY1 or the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

E. NO WAIVER

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

F. SEVERABILITY

If any provision in these Terms of Use is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable.

G. ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

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