Last updated: January 21, 2019
Please read these terms and conditions (the “Terms”)
carefully before accessing or using our website located at the
http://drivers-discount.com domain (the “Website”). These Terms
constitute an agreement between you and drivers-discount.com
(“drivers-discount.com,” “we,” “us”), and governs your use of the
Website. The Terms hereby incorporates by reference our Privacy Policy,
as it may be amended from time to time and posted on the Website.
By accessing or using any part of the Website,
including submitting any content such as comments, you agree to be
bound by the terms and conditions of the Terms, which form a legally
binding contract between you and drivers-discount.com. We reserve
the right to modify the Terms at any time without notice to you, which
modifications will become effective immediately upon posting. You
can always check the “last updated” date at the top of this document to
see when these Terms were last changed. We may also post a notice
concerning changes to these Terms on our Website if there are material
changes. You are responsible for regularly reviewing the Terms and any
additional terms and conditions posted to the Website. Your
continued use of the Website following the posting of any such changes
constitutes your agreement to all such changes to the Terms and
additional terms and conditions. We may also change, suspend, impose
limits on, restrict access to, or discontinue any aspect or feature of
the Website at any time, including the availability of any content on
the Website, without notice or liability.
You understand that you must be 18 years of age or
older in order to access and use the Website, and by accessing or using
the Website, you represent, warrant and agree that you are at least 18
years old.
OUR INTELLECTUAL PROPERTY RIGHTS
Except as described in the next sentence, the entire
contents of this Website and any trademarks, service marks, and trade
dress displayed at this Website are the property of
drivers-discount.com. However, references and links to third-party
sites, content, trademarks, or applications that may be referenced or
linked to on the Website are owned by the respective site, content,
trademark, or application owners, and no sponsorship or endorsement by,
or affiliation with, such third parties is claimed or suggested.
THIRD PARTY SERVICES; SPONSORED ARTICLES
drivers-discount.com is a general interest website
containing articles about a wide variety of subjects, offered for your
general research, informational and entertainment purposes only. The
information on the Website represents the opinions and perspectives of a
variety of contributors. We publish video, audio, articles, or other
content from current and past contributors. You should assume that we
have not independently verified the accuracy, thoroughness, or
relevance of the content available on the Website. All of the content
and information appearing on the Website is subject to the disclaimers
set forth herein.
Some of this content is sponsored by advertisers and we
may receive monetary compensation from the third parties mentioned in
such content, including without limitation when readers view such
content, click through to such third parties’ respective web sites, or
complete transactions on these third party web sites. In all events,
we expressly identify any content (e.g., articles) that is sponsored by
a third party advertiser. This content is typically identified as an
“Advertisement” or "Sponsored Article." The products and services
discussed in such content on the Website are the property of their
third party respective owners. We do not make any representations
regarding the use of such products and your individual results may vary
from the experiences described on our Website. Any opinions, advice,
statements, services, offers, or other information expressed or made
available by third parties, including other users, are those of the
respective author(s) or distributor(s) and not of drivers-discount.com.
We neither endorse nor are responsible for the accuracy or reliability
of any opinion, advice, information, or statement made on this Website
by anyone. Because we do not manufacture or sell the products or
services discussed on the Website, it is important that you review all
the information on the linked websites including their terms and
conditions and privacy policies. Such terms and conditions and privacy
policies may be substantially different from ours. When you click on
links to third-party webpages on our Website, you may be redirected to
the websites of the owners or distributors of these products or
services.
USER GENERATED CONTENT; GRANT OF RIGHTS
We may permit you and other users to submit material
when using the Website, including without limitation comments, user
information, name, email addresses, text, photographs, videos, and any
other content or information (“Your Content”) for use on the Website,
such as through our commenting feature or other user community
features. You understand and agree that you may be exposed to content
posted or submitted by other users (collectively with Your Content,
“User Generated Content”) and that we are not in any manner responsible
for the User Generated Content, that we do not guarantee the accuracy,
integrity, quality, or intellectual property rights in or relating to
such User Generated Content, and that we cannot assure the harmful,
inaccurate, deceptive, offensive, threatening, defamatory, unlawful or
otherwise objectionable User Generated Content will not appear on the
Website. While we reserve the right to view, monitor, and record
activity on the Website and prohibit any conduct by users, we have no
obligation to monitor, screen, edit or otherwise police the use of the
Website or any User Generated Content.
You acknowledge that by providing you with the ability
to access and view User Generated Content on the Website, we are merely
acting as a passive conduit for such distribution and are not
undertaking any obligation or liability relating to any User Generated
Content or activities of users on the Website.
Without limiting the generality of the foregoing, you
acknowledge and agree that the information, materials, and opinions
expressed or included in any User Generated Content are not those of
drivers-discount.com or our affiliated or related entities or content
providers.
By submitting Your Content, you hereby grant to us and
our parent, subsidiaries, and affiliated companies a royalty-free,
perpetual, world-wide, irrevocable, and transferable license with the
right to grant sublicenses through multiple tiers of sub-licensees
(including, without limitation, licensing Your Content to our partners)
to publically display, perform, distribute, store, transcode,
syndicate, broadcast, reproduce, edit, modify, create derivative works,
and otherwise use and reuse Your Content (or any portions or derivative
works thereof) in any manner, in any medium, and for any purpose,
including without limitation for the purposes of administering the
Website, displaying advertisements and conducting other marketing and
promotional activities through or relating to the Website, and to
deliver services to you and other users. We reserve the right to
display advertisements in connection with Your Content and to use Your
Content for any lawful purposes whatsoever.
We shall have the right, in our sole discretion, to
edit, composite, morph, scan, duplicate, or alter Your Content in any
manner for any purpose that we deem necessary or desirable, and you
irrevocably waive any and all moral rights you may have in and to Your
Content. You agree that you shall have no right of approval, no claim
to compensation, and no claim (including those based upon invasion of
privacy, defamation, or right of publicity) arising out of any use,
blurring, alteration, editing, morphing, distortion, illusionary
effect, faulty reproduction, fictionalization, or use in any composite
form of Your Content.
We have no obligation (express or implied) to post or
otherwise use Your Content, and we may at any time reject or remove
Your Content for any reason or no reason without prior notice to you.
In addition, we shall have the right to prevent any person from
submitting User Generated Content at our sole discretion.
If you believe that any content, including User
Generated Content, on the Website infringes a copyright you hold,
please follow the procedures set forth below under “Copyright
Infringement.” If you believe that any User Generated Content violates
any other right you hold besides a copyright, please contact us at
info@drivers-discount.com and provide your name, your contact
information, a description of the User Generated Content at issue, a
link to the page where such User Generated Content appears on the
Website, and a detailed explanation on why you believe such User
Generated Content violates your rights. We will evaluate such
requests in good faith and remove the relevant User Generated Content in
our sole discretion if we agree with your position. All decisions by
us are final.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to us as follows:
We reserve the right to immediately block, suspend
and/or terminate your access to the Website or remove Your Content if,
in our sole and absolute discretion, we believe that you have engaged
in any behavior which violates any of the foregoing representations and
warranties or exposes us or our third-party partners to civil or
criminal liability or reputational harm.
INDEMNIFICATION
You hereby agree to defend, indemnify and hold
drivers-discount.com, its parent, subsidiaries, and affiliated companies
and its and their respective officers, directors, members, managers,
employees, contractors, licensors, successors and assigns, harmless
from and against any and all third party claims, actions or proceedings
of any kind and from any and all damages, liabilities, losses, costs
and expenses, including, without limitation, reasonable attorney’s
fees, relating to or arising out of your use of the Website, including,
without limitation, our use of Your Content, your breach or alleged
breach of any of your warranties, representations or covenants
hereunder, and your use of any content on the Website.
CHILDREN’S PRIVACY
We do not intentionally or knowingly collect personal information from children under the age of 18. You
agree that you will not upload any content featuring the likeness,
name, or voice of any child under the age of 18, whether or not you
have obtained such child’s or such child’s parent’s permission to do
so.
THIRD PARTY SITES
We have not reviewed, and cannot review, all of the
websites, applications and other materials which may be linked to or
made available through the Website, with which the Website is
integrated, or that link to the Website (“Third Party Sites”). In no
event shall we be liable, directly or indirectly, to you or any third
party for any loss or damage arising from use of any Third Party Sites
or any information or material accessed through such Third Party Sites.
You acknowledge that we do not have any control over
those Third Party Sites, we do not recommend or endorse them, and we
are not responsible for the content on those Third Party Sites or your
use of those Third Party Sites. We have no responsibility for or
control over any Third Party Site’s collection, storage, use or
disclosure of information received from or about you. You are
responsible for abiding by the privacy policies, terms of use, and any
other policies or agreements pertaining to the Third Party Sites.
COPYRIGHT INFRINGEMENT
As we ask others to respect our intellectual property
rights, we respect the intellectual property rights of others, and
require our users to do the same. If you are a copyright owner or an
agent thereof and believe that any content on the Website infringes
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with
the following information:
Please also note that the information provided in a
notice of copyright infringement may be forwarded to the user or other
third party who posted the allegedly infringing content. After removing
material in response to a valid DMCA notice, we will notify the user
or other third party responsible for the allegedly infringing material
that we have removed or disabled access to the material. We will
terminate, under appropriate circumstances, users or other third
parties who are repeat copyright infringers, and we reserve the right,
in our sole discretion, to terminate any user for actual or apparent
copyright infringement.
If you believe you are the wrongful subject of a DMCA
notification, you may file a counter-notification with us by providing
the following information to the Designated Agent at the address below:
Upon receipt of a valid counter-notification, we will
forward it to the party who submitted the original DMCA notification.
The original party (or the copyright holder he or she represents) will
then have ten (10) days to notify us that he or she has filed legal
action relating to the allegedly infringing material. If we do not
receive any such notification within ten (10) days, we may restore the
material to the Website.
If you believe that any of your intellectual property
rights other than copyrights have been infringed, please email us at
info@drivers-discount.com. We reserve the right, in our sole and
absolute discretion, to suspend or terminate any user who infringes the
intellectual property rights of drivers-discount.com or others, and/or
to remove, delete, edit or disable access to such person’s content.
You agree that we have no liability for any action taken under this
section. You acknowledge that if you fail to comply with all of the
requirements of this section, your DMCA notice may not be valid.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OF ITS
CONTENTS, INCLUDING WITHOUT LIMITATION ANY USER GENERATED CONTENT AND
SPONSORED ARTICLES OR ADVERTISEMENTS, IS ENTIRELY AT YOUR OWN RISK.
THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, FOR YOUR USE FOR GENERAL INFORMATION AND
ENTERTAINMENT PURPOSES ONLY WITHOUT ANY EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, AND WE HEREBY
DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE. WE MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR ITS CONTENTS OR
ANY PRODUCTS, SERVICES, INFORMATION, OR THIRD PARTY SITES OR MATERIALS
LINKED TO OR INTEGRATED WITH THE WEBSITE (COLLECTIVELY, THE “CONTENT”).
YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION, INCLUDING THE
CONSULTATION WITH OTHER THIRD PARTIES AND EXPERTS AS APPROPRIATE,
BEFORE RELYING ON THE CONTENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY
FOR: (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT,
INCLUDING WITHOUT LIMITATION USER GENERATED CONTENT, SPONSORED
ARTICLES, OR ADVERTISEMENTS; (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE
WEBSITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE
AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; OR
(V) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE
WEBSITE OR OTHERWISE).
Some states do not allow the disclaimer of implied
warranties in some circumstances, so if the laws of such a state apply
to your dealings with us and if the requisite circumstances exist in
your case, then some portion or all of the foregoing disclaimer may not
apply to you. The law of warranty varies from state to state and the
law applicable in your particular case may give you specific legal
rights.
Without limiting any of the foregoing,
drivers-discount.com makes the following specific disclaimers for the
following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The content
located on the Website should not be interpreted as financial or
investment advice nor should it be interpreted as creating any kind of
investment advisor or financial advisor relationship. You should NOT
rely upon the financial and investment information or opinions provided
herein and you should conduct your own independent research and
consult with your personal investment advisor before making an
investment or financial decision. You are solely responsible for any
investment and financial decisions, omissions or actions you take.
Neither drivers-discount.com, its parent, its affiliates, nor any of
their respective agents, employees, information providers or content
providers shall have any liability for your financial/investment
decisions based upon, or the results obtained from, the content on the
Website.
MEDICAL & HEALTH INFORMATION: The content located on
the Website should not be interpreted as medical or health advice. The
content should not be used to diagnose, treat or cure any medical or
health condition nor should it be interpreted as creating any kind of
doctor-patient or health/medical advisor relationship. You should NOT
rely upon the medical, health, dietary, nutritional or other
professional information or opinions provided and you should always
speak to your personal health care provider before beginning, changing
or stopping any medication or any treatment for a health problem. You
are solely responsible for any decisions, omissions or actions you take
based on choosing to seek or not to seek professional medical care, or
choosing or not choosing specific treatments. Neither
drivers-discount.com, its parent, its affiliates, nor any of their
respective agents, employees, information providers or content
providers shall have any liability for your medical, health, dietary or
nutritional decisions based upon, or the results obtained from, the
content on the Website.
LEGAL INFORMATION: The content located on the Website
should not be interpreted as legal advice nor should it be interpreted
as creating any kind of attorney-client or legal advisor relationship.
You should NOT rely upon the legal information or opinions provided and
you should consult with your personal legal advisor; this Website is
not a substitute for an in-person consultation with an attorney, as the
applicability of the legal principles discussed at this Website may
differ substantially in individual situations or in different states or
countries. You are solely responsible for any legal decisions or
actions you take or omissions you commit. Neither drivers-discount.com,
its parent, its affiliates, nor any of their respective agents,
employees, information providers or content providers shall have any
liability for your legal decisions based upon, or the results obtained
from, the content on the Website.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR MEMBERS,
MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE
WEBSITE OR USER GENERATED CONTENT WHATSOEVER, WHETHER BASED IN
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
WE OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT WE HAVE NOT REVIEWED, AND
CANNOT REVIEW, ALL OF THE USER GENERATED CONTENT OR ADVERTISEMENTS
POSTED ON THE WEBSITE, AND WE SHALL HAVE NO LIABILITY FOR SUCH USER
GENERATED CONTENT OR ADVERTISEMENTS. IN THE EVENT THAT YOU FEEL YOUR
RIGHTS HAVE BEEN VIOLATED BY ANY USER GENERATED CONTENT, YOUR SOLE AND
EXCLUSIVE REMEDY SHALL BE TO REQUEST REMOVAL VIA THE PROCEDURE SET
FORTH HEREIN.
YOU AGREE THAT THE LIABILITY OF drivers-discount.com AND
ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS,
AND SUPPLIERS FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF: (i) THE
AMOUNT PAID BY YOU TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM
RELATES DURING THE PREVIOUS SIX (6) MONTHS PRECEDING THE EVENT OR
CIRCUMSTANCES GIVING RISE TO SUCH CLAIM; OR (ii) FIFTY U.S. DOLLARS
($50.00 USD).
The foregoing limitations of liability shall apply to
the fullest extent permitted by law in the applicable jurisdiction.
GENERAL
No joint venture, partnership, employment or agency
relationship exists between you and us or any of our affiliates as a
result of the Terms or your use of the Website.
The Terms (including the Privacy Policy, and all other
operating policies, standards, rules and procedures posted by us on the
Website from time to time) constitutes the entire agreement between us
and you concerning the subject matter hereof, and may only be modified
by a written amendment signed by an authorized representative of
drivers-discount.com, or by our posting of a revised version of the
Terms on the Website.
Any dispute relating to the Terms or arising out of
your access to or use of the Website will be governed by the laws of
the Commonwealth of Pennsylvania, excluding its conflict of law
provisions, and the exclusive venue for adjudicating any such disputes
will be the state and federal courts located in Philadelphia,
Pennsylvania. You hereby consent to the exercise of personal
jurisdiction by such courts and to such venue.
If we prevail in any action or proceeding to enforce
the Terms or arising out of your access to or use of the Website, we
shall be entitled to recover, in addition to all other available legal
and equitable relief, our legal costs, including reasonable attorneys’
fees.
The provisions of the Terms are severable, and if any
portion is adjudged invalid or unenforceable by a court of competent
jurisdiction, the remaining portions will remain valid, enforceable and
in effect.
Any waiver by either party of any term or condition of
the Terms or any breach thereof shall be in a writing executed by the
party to be charged with such waiver, and any such waiver, in any one
instance, will not waive such term or condition in any other instance
or any subsequent breach thereof.
The Terms is not assignable by you, except by operation
of law; we may assign the Terms and any of our rights and obligations
hereunder without condition. The Terms will be binding upon and will
inure to the benefit of the parties, their successors and permitted
assigns.
CONTACT US
To ask questions about these Terms, obtain more
information, or to lodge a complaint, please contact us at:
info@drivers-discount.com.