Terms of Service

1. DESCRIPTION OF SERVICE. The SpeedSUV mobile messaging service (the "Service") provides a web-based application for managing Santa Fe Police Department Photo Enforcement SUV location text alerts. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an "AS-IS" basis and that SpeedSUV assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).
   
   
2. YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) 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 SpeedSUV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SpeedSUV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Children under the age of 13 may not sign up for an SpeedSUV account or use any SpeedSUV services.
   
   
3. PAYMENT AND FEES
   
   • a. Free Subscription. Recieve text messages via your mobile phone for free, by allowing the presence of paid advertisements and sponsorships attached to the end of each alert sent to your phone, which is usually once per day Monday through Friday depending on your subscription preferences selected under your account profile.
   • b. Ad-Free Paid Subscription. You hereby authorize SpeedSUV to charge your credit card or bank account via Paypal's Subscription Payment Gateway as set forth in the Payment Method section of the Registration Form to pay for the one-time Service fee and all monthly Services fees to SpeedSUV at the rates set forth in the Fees Section of the Registration Form. Payment of the Services fees shall be due and payable upon receipt of SpeedSUV's invoice. You agree to be personally liable for all charges incurred by you during or through the use of the Service. Your liability for such charges shall continue after termination of this Agreement for any reason.
     
     
4. SpeedSUV PRIVACY POLICY. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please review our full privacy policy below. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
   
   
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify SpeedSUV of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SpeedSUV cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
   
   
6. MEMBER CONDUCT
   
   • a. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SpeedSUV, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SpeedSUV does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SpeedSUV be liable in any way for any Content, including, but not limited to, for 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 Service.
   • b. You agree to not use the Service to:
     
     i. upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
     ii. upload, post, text message, email, transmit or otherwise make available any adult Content or 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, or that you do not have a right to make available 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, or which violates the intellectual property rights of a third party (“Rights”);
     iii. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
     iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
     v. upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
     vi. "stalk" or otherwise harass another; and/or
     vii. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) through (vii) above.
   • c. You acknowledge that SpeedSUV may or may not pre-screen Content, but that SpeedSUV and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SpeedSUV and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
   • d. You acknowledge, consent and agree that SpeedSUV may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SpeedSUV, its users and the public.
     
     
7. MISELLANEOUS PROVISIONS. These Terms of Use will be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
   These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by SpeedSUV.
   
   
8. INDEMNITY. You agree to indemnify and hold SpeedSUV, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.
   
   
9. GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that SpeedSUV may establish general practices and limits concerning use of the Service but that SpeedSUV has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
   
   
10. MODIFICATIONS TO SERVICE. SpeedSUV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SpeedSUV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
    
    
11. TERMINATION. You agree that SpeedSUV may, under certain circumstances and without prior notice, immediately terminate your SpeedSUV account, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal or improper activities, (h) third party operator requirement, and/or (i) nonpayment of any fees owed by you in connection with the Services. You may terminate your access and use of the Service upon prior written notice to SpeedSUV. In no event shall you be entitled to a refund of any fees paid to SpeedSUV hereunder.
    
    
12. SPEEDSUV’S PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of SpeedSUV. SpeedSUV retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your SpeedSUV I.D., account, account designation, password and other SpeedSUV information), use of the Service, or access to the Service.
    
    
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    
    a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SpeedSUV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    b. SpeedSUV MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
    c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEEDSUV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    
    
14. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SpeedSUV SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SpeedSUV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
    
    
15. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
    
    
16. NOTICE. SpeedSUV may provide you with notices, including those regarding changes to the Agreement, by either text message, e-mail, regular mail, or postings on the Service.
    
    
17. TRADEMARK INFORMATION. The trademarks, service marks, logos and product and service names of SpeedSUV are trademarks of Message Mediums, LLC (the "SpeedSUV Marks"). You agree not to display or use in any manner, the SpeedSUV Marks without SpeedSUV' express prior written consent.
    
    
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. SpeedSUV respects the intellectual property of others, and we ask our users to do the same. SpeedSUV may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to SpeedSUV' Copyright Agent:
    
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. 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;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
19. GENERAL INFORMATION
    
    Choice of Law and Forum. This Agreement and the relationship between you and SpeedSUV shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions. You and SpeedSUV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.
    Waiver and Severability of Terms. The failure of SpeedSUV to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
    Non-Transferability. You agree that your SpeedSUV account is non-transferable, and this Agreement may not be assigned by you without Interactive Medium’s prior written consent.
    Entire Agreement. This Agreement constitutes the entire agreement between you and SpeedSUV and governs your use of the Service, superseding any prior agreements between you and SpeedSUV with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from SpeedSUV.

Privacy Statement

1. General Terms
   This Privacy Policy describes the SpeedSUV practices for gathering, storing and disseminating information. By visiting this website or portal, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree with the terms and conditions set forth in this Privacy Policy, please do not use or access the SpeedSUV website, portal, products or services. By accepting this Privacy Policy, you expressly consent to the use and disclosure of your personally identifiable information, as outlined below. You can visit the SpeedSUV Web site and portal without telling us who you are and without giving any personal information about yourself. If you elect to access SpeedSUV products or services through this website, SpeedSUV may collect certain information about you as set forth below.
   
   
2. Information Collection
   If you request a SpeedSUV newsletter, purchase any SpeedSUV product or service, or register as a user on the SpeedSUV website or SpeedSUV portal, SpeedSUV may collect and store in the SpeedSUV database, personal information about you, including your name, company name, title, phone number, address, email address, other contact information, types or products and services purchased, user name and password. This information will be stored in a SpeedSUV database. In addition, if you purchase a product or service, you may be asked to provide billing information, credit card information or other personally identifying information. Providing some of the requested information is optional and SpeedSUV will indicate what information is required and what is optional.SpeedSUV may also collect information through the use of Cookies (as defined below). Data that passes through SpeedSUV via Web services not developed or maintained by SpeedSUV is not stored by SpeedSUV.
   
   
3. Disclosures of Information
   Please be aware that in certain circumstances, it is possible that personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. SpeedSUV may disclose your personal information if SpeedSUV has a good faith belief that such disclosure is necessary to protect and/or defend the rights and interests of SpeedSUV. SpeedSUV may disclose personally identifiable information to SpeedSUV data suppliers for Catalog Web Services you purchase. SpeedSUV may, as permitted by applicable law, disclose personally identifiable information to SpeedSUV customers, or third parties in connection with an investigation of fraud, infringements or other unlawful activity and you expressly authorize SpeedSUV to make such disclosures. SpeedSUV may also disclose your credit card information to its bank or other financial institution for the purpose of securing payment.
   
   
4. Merger or Acquisition
   If SpeedSUV is merged or acquired by another party, your personally identifiable information may be transferred to such entity as a part of such merger or acquisition and you expressly authorize such transfer.
   
   
5. Review and Modification of Personally Identifiable Information
   If you are a registered user of the SpeedSUV website or portal, you may access and review your personal information by clicking on the “Your Account” icon on the SpeedSUV Web page.
   
   
6. Links to External Sites
   SpeedSUV websites may contain links to other websites. SpeedSUV is not responsible for the privacy practices or the content of those other websites.
   
   
7. Sharing Information
   SpeedSUV will not sell, rent or lease to others your personally identifiable information.
   
   
8. Cookies
   A “Cookie” is a data files that may be downloaded to your computer when you visit the SpeedSUV website or portal that permits the SpeedSUV server to identify your browser whenever you interact with the SpeedSUV website or portal. SpeedSUV uses cookies to recognize repeat visits by users of its site and information about its users’ interactions with the website. SpeedSUV may use Cookies or other technologies so that SpeedSUV can better serve you when you return to the SpeedSUV site. SpeedSUV does not use Cookies or similar technology to cross–relate personal information about SpeedSUV visitors. You can set your browser to notify you when you receive a Cookie, giving you the chance to decide whether to accept it. If you reject Cookies, you will be required to manually log in to the portal or website upon each return visit.
   
   
9. Security
   SpeedSUV stores personally identifiable information in a secure manner and considers it to be part of the assets of its business. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, SpeedSUV has put in place, physical, electronic and administrative procedures to safeguard and secure the information it collects online. However, data security is constantly evolving. As such, you should consider any communication or information you transmit to SpeedSUV as non–confidential, and you agree that SpeedSUV will not be liable or responsible if information that belongs to you is intercepted and used by an unauthorized recipient.
   
   
10. Children
    SpeedSUV uses reasonable efforts not to collect, use or disclose personally identifiable information from children under the age of 13. This website and the products and services distributed through this website are not targeted at children and children may not purchase any of the SpeedSUV products or services.
    
    
11. Further Information
    If you have any questions about anything in this Privacy Policy, or about collection of personally identifiable information, please contact SpeedSUV as follows: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

You may also use the above contact information if you think any information about you is inaccurate, incomplete, or if you want to change the sort of information that SpeedSUV has collected about you.




The above Terms of Service and Privacy Policy were last revised on December 12, 2009.