YOU UNDERSTAND THAT THE APPLICATION AND SITES ARE MERELY TOOLS TO ASSIST IN YOUR DRIVING HABITS AND ARE NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICEPERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE APPLICATION OR SITES, YOU MUST NOT RELY ON THE APPLICATION OR SITES.
ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO ACTIVELY SEND OR SUBMIT ANY CONTENT TO THE APPLICATION OR SITES WHILE DRIVING. ANY SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF THE APPLICATION AND SITES AND THAT THE USE OF THE APPLIACTION AND/OR SITES IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT YOU MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE APPLICATION AND/OR SITES.
If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures for registered users of the Sites, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security.
We reserve the right to withdraw or amend the Application or Sites, and any service or material we provide on the Application or Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application or Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application or Sites, or the entire Application and Sites, to users, including registered users. We reserve the right to terminate or suspend your account or ability to use or access the Application or Sites or any portion thereof for any reason whatsoever
Some features of the Application and Sites utilize GPS technology in order to determine your position. These features cannot be provided without utilizing this technology. If you do not wish to benefit from these features, you may download the Application to your mobile device and use the Application in a strictly offline manner.
Transmitting and receiving information from and to the Application requires an online (Wi-Fi or 3G) connection between your mobile device and the Internet. This Internet connection is under your responsibility and at your expense. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. You acknowledge that data, text messaging, or other charges may be incurred through your use of the Application, and you agree that you are solely responsible for any and all such charges.
You agree not to: (a) use the Application and Sites in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Application and Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Application or Sites, including their ability to engage in real time activities through the Application and Sites; (c) use any robot, spider, or other automatic device, process, or means to access the Application or Sites for any purpose, including to monitor or copy any of the material on the Application or Sites; (d) use any manual process to monitor or copy any of the material on the Application or Sites or for any other unauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Application or Sites; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application or Sites, the server on which the Application and/or Sites are stored, or any server, computer or database connected to the Application or Sites; or (h) otherwise attempt to interfere with the proper working of the Application or Sites.
Intellectual Property Rights
The Application and Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Application and Sites, and all trademarks, service marks, and trade names), are owned by the Company and/or its subsidiaries, licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the terms “Drive Power,” “DriveScribe,” and “Safe Driver Score,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.
We respect the intellectual property of others, and we ask you to do the same. If you believe that any User Contributions violate your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Application; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices with respect to this Application should be sent to firstname.lastname@example.org.
Links from the Application and Sites
The Application and Sites may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The owner of the Application and Sites is based in the United States. We provide this Application and Sites for use only by persons located in the United States. We make no claims that the Application and Sites or any of its content is accessible or appropriate outside of the United States. Access to the Application and Sites may not be legal by certain persons or in certain countries. If you access the Application and Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
THE APPLICATION AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION OR SITES. THE COMPANY DOES NOT REPRESENT THAT THE CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION OR SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction