Terms of Use
Welcome to the DriveSafety Web site (the "Site"). Please read the following terms carefully before using the Site. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS ("TERMS OF USE") AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE ON YOUR EMPLOYER'S BEHALF. IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THIS SITE.
Areas of this Site may have different terms of use posted. If there is a conflict between these Terms of Use and any other terms posted for a specific area of the Site, the latter terms will take precedence with respect to your use of that area of the Site.
For purposes of this Site, the terms "DriveSafety," "we," or "us" will refer to DriveSafety, Inc., while the terms "you" and "your" will refer to all individuals and/or entities accessing this Site for any reason.
USE OF SOFTWARE AVAILABLE ON THIS SITE
Any software and accompanying documentation that is made available to download from this Site (collectively, "Software") is the copyrighted work of DriveSafety and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). You must read the License Agreement and indicate your agreement to its terms before installing or using the Software. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Restricted Rights Legend
Any Software downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
USE OF MATERIALS AVAILABLE ON THIS SITE
Documents
You may download, view, copy and print documents (such as white papers, press releases, datasheets, and FAQs) ("Documents") from the Site subject to the following (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents from this Site in whole or in part without the express authorization of DriveSafety.
Design/Layout
The design or layout of the DriveSafety.com Site or any other DriveSafety owned, operated, licensed or controlled site is the property of DriveSafety, Inc. Elements of DriveSafety' Web sites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any DriveSafety Web site may be copied or retransmitted unless expressly permitted by DriveSafety.
USE OF FORUMS AND PUBLIC COMMUNICATIONS
For purposes of this Site, the term "Forums" means discussion boards and groups, chat areas, bulletin boards, news groups, letters or other communications or e-mail functions to or about DriveSafety or its products offered as part of this Site. You are not obligated to register in order to use the Forums; however, registration and log-in are required in order to post to the message boards.
The Forums are provided as a free service to DriveSafety customers and business partners for sharing technical post-sales support information concerning DriveSafety’ products. Although the Forums are moderated by DriveSafety employees and advisors (third parties associated with DriveSafety) and such employees and advisors may post questions and respond to posts from time-to-time, the Forums are intended as a vehicle for customers and business partners to ask and answer questions and share ideas, and DriveSafety disclaims all warranties of any kind with respect to the Forums and their operation.
Those who use the Forums must agree to use all such Forums for non-commercial purposes only. You are prohibited from distributing or otherwise publishing any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of a Forum or this Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by DriveSafety, you agree not to collect or store personal data about other users. You shall not upload, email, post, publish or otherwise transmit through a Forum or this Site any content that (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Any material, information or other communication you transmit or post to, from or through this Site will be considered non-confidential and non-proprietary, and DriveSafety will have no obligations with respect to any such material, information or communications. By uploading, emailing, posting, publishing or otherwise transmitting content to this Site or any Forum, or by submitting any content to DriveSafety, you automatically grant (or warrant that the owner of such rights has expressly granted) to DriveSafety a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
PRIVACY POLICY
DriveSafety is concerned about your privacy and has developed a policy to address privacy concerns. For more information read the DriveSafety privacy statement.
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. The provision of such links is not an endorsement of any information, product or service reached through such link. DriveSafety is not responsible for the availability of, or content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
You agree that DriveSafety is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party.
You agree that DriveSafety is not responsible for (a) the quality of third party products or services, and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.
You agree that DriveSafety is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Third-party brands and names are the property of their respective owners.
LEGAL DISCLAIMERS
THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DRIVESAFETY 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. DRIVESAFETY MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. DRIVESAFETY AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
DRIVESAFETY AND ITS SUPPLIERS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DRIVESAFETY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF DRIVESAFETY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.
INDEMNITY
You agree to defend, indemnify and hold harmless DriveSafety, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site. You agree to seek and obtain written permission from DriveSafety before agreeing to settle any claim.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
DriveSafety makes no representation that the Site is appropriate or available for use outside the U.S. You agree not to access, download, use or export the Site, or the content, software, products or services provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of DriveSafety in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the DriveSafety' services outside the U.S. Neither the services of DriveSafety nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify DriveSafety immediately of any unauthorized use of your password(s).
DELETE OR REMOVE CONTENT/TERMINATION OF USE
You agree that DriveSafety may at any time, in its sole discretion, delete or remove any content on the Site that it deems to be inappropriate. Further, DriveSafety may at any time, in its sole discretion, terminate your right to access or use the Site and any account(s) you may have in connection with the Site, with or without notice to you. DriveSafety also reserves the right, in its sole discretion, to restrict or terminate the availability of the Site to any other person, geographic area or jurisdiction at any time. No notice is required to effect any such restriction or termination.
INTELLECTUAL PROPERTY POLICY
DriveSafety respects the intellectual property of others and expects you to do the same. At DriveSafety's discretion and in appropriate circumstances (and without limiting the generality of the foregoing "Termination of Use" provision), DriveSafety may terminate your account(s) and/or prevent access to the Site by users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code §512(c)(2) (the Digital Millennium Copyright Act of 1998, as amended), our designated agent for notice of alleged copyright infringement appearing on our site is:
DriveSafety, Inc.
Attn: Legal
426 White Pine Drive
Murray, UT 84123
Phone: 1.801.266.4510
Fax: 1.801.266.4570
Email: info@drivesafety.com
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web site.
APPLICABLE LAWS
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Utah (without regard to conflict of law principles). Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Utah County or Salt Lake County, Utah. You and DriveSafety agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
COPYRIGHT NOTICE / TRADEMARKS
Copyright © 2005-2009 DriveSafety, Inc. All rights reserved.
DriveSafety is a trademark of DriveSafety, Inc. TeenDASH for Safety is a trademark of DriveSafety, Inc. All third party trademarks appearing on this Site are the property of their respective owners.
All rights not expressly granted herein are reserved.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use or any other questions regarding this Site, please contact DriveSafety at info@drivesafety.com.