TERMS AND CONDITIONS

iPHONE/AT&T USER NOTICE

These Terms of Use are in addition to the Apple App Store Terms and Conditions that you agreed to when you purchased a license to download and use the Snocator Software.

Useful Networks alone operates the Snocator Service (the "Snocator Service"). Apple, Inc. and AT&T Inc., and their affiliates and subsidiaries only provide application download services and phone transmission for data, respectively, sent by Useful Networks, you and others. Apple and AT&T are not responsible for the Snocator Service, its content or operation; Useful Networks is responsible for the Snocator Service. You'll reveal your personal information and location through the Snocator Service at your own risk.

By using the Snocator Service: (a) YOU ACKNOWLEDGE THAT THE SNOCATOR SERVICE IS PROVIDED “AS IS,” AND NEITHER USEFUL NETWORKS, APPLE, AT&T, NOR ANY OTHER THIRD PARTY LICENSORS OR SUPPLIERS MAKE ANY WARRANTIES OF ANY KIND REGARDING THE SNOCATOR SERVICE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) you waive any claim you might otherwise have, and you agree not to bring any claim or complaint anywhere, against Useful Networks, Apple, AT&T or any other third party Licensors or Suppliers arising out of the operation or failure of the Snocator Service; (c) you agree that all other terms of your current subscriber agreement with AT&T apply to the Snocator Service insofar as AT&T provides the phone connection to transmit the Snocator Service; (d) you agree that except as noted in (c) immediately above, operation and use of the Snocator Service are governed by Snocator Terms of Use, privacy policy and procedures, which alone will apply to the Snocator Service and all data and acts related to the Snocator Service; and (e) you agree to indemnify Apple, AT&T and Useful Networks against any claims, losses, or damages arising out of your use of the Snocator Service.

In addition, you agree: (a) to be located, and consent to the release of your location data as it pertains to the Snocator Service and (b) the location service availability and accuracy can vary depending on the ability of the device to obtaion location information, (c) Useful Networks has the right to terminate the service, and (d) you are at least 14 years of age and, if you are 14 or older but less than 18, that you have reviewed these Terms with your parent or guardian, that each of you understand these Terms, and that both you and your parent acting on your behalf consent to its terms.

NEITHER USEFUL NETWORKS, APPLE, AT&T, NOR ANY OTHER THIRD PARTY LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OF THE SNOCATOR SERVICE; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SNOCATOR SERVICE, ANY DEFECT IN THE SNOCATOR SERVICE, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF USEFUL NETWORKS, APPLE, AT&T, OR ANY OTHER THIRD PARTY LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

LOCATION INFORMATION NOTICE

By providing your consent, you authorize Useful Networks to collect, access, use and disclose the geographic location information of your iPhone and other personal and account information (i.e. name, address, telephone number, account number, equipment identifiers, Internet Protocol addresses, etc...) to certain third parties in order to enable the delivery and administration of the Snocator Service; including any functions that are incidental and necessary to such delivery. You also expressly authorize Useful Networks to collect and use this location data and to disclose this location data to Useful Networks contractors, and certain third-party partners that provide features and functionality within or distribution of the Snocator service. You have the right at any time to reject these uses of your location data and to deny or withdraw your consent; denial of consent will not affect your regular mobile phone service, but will prevent you from using Snocator Service. To stop sharing your location entirely at any time or withdraw your consent to Useful Networks' use of location data, hold down the Snocator icon from your iPhone main screen and then touch the "x". Furthermore, by providing your consent, you (1) acknowledge that your consent serves as consent on behalf of all persons who use your iPhone ("End Users"); and (2) acknowledge that you are responsible for notifying each End User that his/her geographic location information may be identified through your iPhone using the Snocator Service.

RIGHT TO MODIFY THESE TERMS

Useful Network reserves the right, at its discretion, to modify these Terms of Use at any time by posting the modified Terms of Use at this site. It is your responsibility to check for modifications. By continuing to use the Snocator Service after the modified Terms of Use have been posted, you agree to be bound by such modifications. In any event, such modifications, including any material modifications, shall automatically be effective thirty (30) days after they are posted.

THIRD PARTY TERMS AND CONDITIONS

In order to deliver the Snocator Service, Useful Networks uses software and data provided by certain third parties. By using the Snocator Service, you also agree to the following:

NAVTEQ Mapping Data

The NAVTEQ mapping data ("Data") display via the Snocator Services is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Useful Networks and its licensors (including their licensors and suppliers) on the other hand.

© 2009 NAVTEQ. All rights reserved. NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information. ©United States Postal Service® 2008. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase.

Personal Use Only. You agree to use this Data together with the Snocator Services for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. Except where you have been specifically licensed to do so by Useful Networks, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. Useful Networks and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Entire Agreement. These terms and conditions constitute the entire agreement between Useful Networks (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded.

Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, NAVTEQ Data (hereinafter "Data") is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with the terms/conditions of this Exhibit B, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice::

Notice of Use

Contractor (Manufacturer/ Supplier) Name: NAVTEQ
Contractor (Manufacturer/Supplier) Address: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654

This Data is a commercial item as defined in FAR 2.101 and is subject to the terms/conditions of this Exhibit B under which this Data was provided.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.

This Data is a commercial item as defined in FAR 2.101 and is subject to these End-User Terms under which this Data was provided.

© 2009 NAVTEQ – All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.

EFFECTIVE DATE; DATE LAST MODIFIED
Effective Date: October 22, 2008
Date Last Modified: October 22, 2008