Way to Drive is a mobile telematics research application (“App”) developed by the University of Pennsylvania (“Penn”) and powered by TrueMotion, Inc. (“Service Provider”). This App is available only to research participants who have enrolled in a trial using the Way to Drive App. Way to Drive collects information about your driving behaviors through your mobile smartphone device. The researchers will use this data to meet the aims and objectives of the trial, which may include the evaluation of driving behaviors, and/or the effectiveness of various interventions aimed at increasing safe driving behaviors.
You acknowledge and agree to the following:
You agree that when using the App you will:
“Way to Drive”, the Penn name and logo, and other Penn trademarks, service marks, graphics, and logos used in connection with the APP are trademarks or registered trademarks of Penn. Other trademarks, service marks, graphics, and logos used in connection with the App may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks.
You may terminate your use of the App at any time for any reason. These Terms will continue to apply with respect to any activity that occurs and any Information that is created or acquired before you remove or uninstall the App from your mobile device.
Penn may block or suspend your access to the App or terminate the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply with the terms and conditions of these Terms or for any reason whatsoever. Penn reserves the right to modify, suspend, or discontinue the App (or any part or content thereof) at any time with or without notice to you, and Penn will not be liable to you or to any third party should it exercise such rights. Upon termination of these Terms, you shall cease all use of the App and uninstall any residual components of the App.
YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. PENN AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE APP MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR DEVICE AND ANY PERIPHERALS PRIOR TO USING THE APP. TO THE EXTENT PERMITTED BY LAW, PENN SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APP.
Other Fees and Costs
The App requires an internet or data connection and any charges or fees associated with any such connection, or with text messages related to activation or to the study in which you are enrolled, are solely your responsibility, as set forth in the agreement between you and your internet or data connection and cellular service provider.
UNDER NO CIRCUMSTANCES SHALL PENN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE APP AND ANY THIRD-PARTY CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PENN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PENN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law principles. Any disputes arising from these Terms shall be adjudicated in the courts of the city of Philadelphia, PA. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Please direct any questions, complaints or claims related to these Terms or your use of the App to firstname.lastname@example.org. Penn may notify you with respect to the App by contacting you via the physical or email address on file in connection with the research study using the App for which you are enrolled. Notices shall become effective immediately.
If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Penn may modify or amend these Terms at any time by posting the revised Terms at a link accessible from the App. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the App following the date in which the modified or amended Terms are posted.
The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.
Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
These Terms, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and supersedes all prior or contemporaneous understandings regarding such subject matter.
LAST UPDATED: May 17, 2021