This is an Agreement between you and Drive Protected, LLC (Drive Protected), and this Agreement governs both your legal rights with regards to Drive Protected the business as well as your use of www.driveprotected.com (Website). You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you access our Website, regardless of your membership status with it. If you do not wish to be so bound, please do not use or access our Website.
We may amend this Agreement at any time by posting the amended terms on our Website. We may post notices on the homepage of our Website when such changes occur. Such changes become effective in the time as specified in the notice.
We have many different users of our Website as defined below. As such, portions of this Agreement may not always apply to you.
Drive Protected provides a service (Service) through which you, as a Customer, can purchase vehicle protection plans and for our Affiliates and Recruiters, manage your sales and related information. We collectively refer our Customers, Affiliates, and Recruiters as Members. Our Service is based upon the use of our Website, messaging services, videos, message boards, blogging, and other related technologies that we may employ.
Drive Protected grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, and for Members, our Service, strictly in accordance with this Agreement. We ask that you abide by all terms of this Agreement; otherwise, we may have to terminate your account.
You understand and agree that our Website and related technologies are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website and related technologies other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law. You understand and agree that Drive Protected and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States Trademark Law.
Drive Protected allows for our Website to be used as a "Visitor" (a general user of our Website where no registration is required) or as a "Member" (you are a Customer, Affiliate, or Recruiter and have registered with our Website). By using our Website as a Visitor, you represent that you are at least 18 years old. By registering as a Member, you are legally representing that you are at least 18 years old, able to enter into contracts, and that, to the best of your knowledge and belief, your registration information is truthful, accurate, and complete. For Members, a user name and password will be assigned by us or chosen by you. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us if you believe that others are accessing your account. To protect yourself and Drive Protected, you understand and agree that you will not loan your user name and password to others. You cannot use our Service until after we have verified the email address you provide during registration.
Drive Protected will make commercially reasonable efforts to ensure that the content of our Website is accurate. However, there may be times that our Website content has errors or omissions. You should always confirm the information you find on our Website to make sure it is still timely and accurate.
Although we provide rules for user conduct and postings, we do not control nor are we responsible for what users post, transmit or share on our Website. Drive Protected is not responsible for the conduct, whether online or offline, of any user of the Website or Service.
Drive Protected may be temporarily unavailable from time to time for maintenance or other reasons. Drive Protected is not responsible for any technical malfunction in your use of our Website or Service, including, but not limited to, problems with using the Website and/or Service or loss of personal content on our Website.
OUR WEBSITE AND SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WHILE WE SCAN OUR SERVERS REGULARLY, DUE TO THE NATURE OF THE INDUSTRY, IT IS IMPOSSIBLE TO GUARANTEE OUR WEBSITE OR SERVICE IS VIRUS-FREE. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AS WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, SUCH AS LOSS OF DATA OR OTHER HARM THAT MAY RESULT.
DRIVE PROTECTED AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL DRIVE PROTECTED OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICE, EVEN IF DRIVE PROTECTED IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DRIVE PROTECTED'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1,000 ).
Our Website may contain links to other websites. You understand and agree that Drive Protected has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. These websites will also have their legal documents that may affect your legal rights. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that Drive Protected is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
You understand and agree that by using our Service, your name may be placed on promotional lists to receive emails regarding our Website, news from our affiliates, and the Drive Protected newsletter. If at any time you no longer wish to receive such emails, please visit the "Account Settings" section of our Website.
You understand that our Website and any newsletters or emails you receive from Drive Protected or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Service. Furthermore, you understand and agree that Drive Protected is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Users of our Website understand and agree to the following rules of conduct while using our Website:
- You agree to use our Website, its content, and our Service solely for internal, personal, non-commercial purposes.
- You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Service.
- You agree to not use our Website or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
- You agree to not use automated scripts to collect information from or otherwise interact with the Service or our Website.
- You agree to not harvest or collect email addresses or other contact information from users of our Website and Service for the purposes of sending unsolicited emails or other unsolicited communications.
- For Members, you agree that your interaction with our Website and use of our Services in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Drive Protected and you. For Affiliates and Recruiters, you agree to also abide by the terms of the respective agreements you have executed with Drive Protected.
- For Members, you agree to provide us with a valid, current email address, both at the time of registration with us, and to update us from time to time when your email changes.
- For Members, you agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever.
You agree to indemnify Drive Protected and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or the use of our Website and Service.
You understand and agree that if you violate any provision of this Agreement, Drive Protected may, solely at its option, terminate your account. In most cases, if Drive Protected does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your account profile.
Should you voluntarily wish to cancel your account, you understand and agree that when you cancel your account with our Service, you are automatically locked out of the Website and your access to it is immediately terminated. You also understand and agree that you will lose your profile, content, and or other membership information that you have on file at that time and that this information cannot be reclaimed or transferred to another account.
As an Affiliate or Recruiter, you have access to protected areas of our Website where you can provide information to Drive Protected about sales as well as get commission and other information and make various requests from Drive Protected. Your access to such areas of our Website is strictly for your own use and is not be shared with any third party, unless otherwise approved by Drive Protected. Your Affiliate or Recruiter Agreement (Master Agreement) shall govern your relationship with Drive Protected, and in any conflict in terms between this Agreement and your Master Agreement, your Master Agreement controls.
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website and/or Drive Protected, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Denver, Colorado in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Drive Protected. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Colorado shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator's findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
You agree that the laws of the State of Colorado, without respect to conflict of laws, are to be used with regards to any interactions with this website or Drive Protected.
If you have a question about this User Agreement, please email our customer service department (email@example.com).