Last updated: January 2020.
These Terms of Service (these “Terms” or this “Agreement”) apply to the Services (as defined below) which are owned and operated by DriveMatch Inc. (the “Company”). The Company’s Services provide an interactive technology platform that allows Carriers and Drivers to interact online and assess one another in connection with their respective employment needs and goals.
PLEASE NOTE: Your access to and use of the Services is subject to these Terms, as well as all Applicable Law (as defined below). Please read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Services or any information or Content contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms may be changed, modified, supplemented or updated by the Company from time to time without advance notice, and the updated terms may be posted on the Company website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Services after such changes are posted; provided, however, that the Company may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Content or services added to the Services will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Services and these Terms periodically for updates and changes. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms on behalf of that legal entity.If you have any questions about these Terms, please contact us by emailing us at email@example.com.
1. Acceptance of Terms.
a. Acceptance. When you access and otherwise make use of our Services, you acknowledge, agree to, and are bound by, the terms and conditions of these Terms. If you do not agree to be bound by these Terms, do not continue to access or otherwise make use of the Services. Please note that certain uses of the Services may be subject to separate agreements that will be provided to you prior to such use.
b. Restrictions on Acceptance. When you access or otherwise make use of the Services you acknowledge and agree that:
(i) if you are an individual accepting these Terms on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;
(ii) you have read and understand all of the provisions, terms and conditions set forth in these Terms;
(iii) you will be bound by all of the provisions, terms and conditions set forth in these Terms;
(iv) you are at least twenty-one (21) years of age and possess a valid US driver’s license and valid commercial driver’s license;
(v) Unless you have entered into a separate agreement with Company pursuant to Section 15, you are not a Staffing Agency or Representative of a Staffing Agency which intends to use the Service to review Drivers in order to source and retain workers, employees, contractors or other personnel for or on behalf of third party employers pursuant to an agreement with such employers;
(vi) you are not a business or representative of a business which intends to use the Service to sell products and services to or solicit sales of products and services from any User of the Service;
(vii) you are not a business or representative of a business which intends to use the Service to source employees or applicants for any illegal business activities;
(viii) you have the right, authority and capacity to enter into these Terms and to abide by all terms and conditions of these Terms;(ix) you have not previously used the Services through an Account (as defined in Section 12) which Company has terminated or suspended in accordance with the terms and conditions of these Terms;
(x) you have a valid email address;
(xi) you have a valid U.S. phone number;
(xii) you are a resident of one of the fifty (50) states of the United States, or a resident of Washington D.C. and have a valid postal mailing address confirming the same; and
(xiii) these Terms are the legal equivalent of a signed, written contract between you and Company.
If you are unable or unwilling to confirm the above statements, then you must not accept these Terms or otherwise access or make use of the Site or other Services. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF YOU DO CONFIRM THE ABOVE STATEMENTS, COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DENY ACCESS TO AND/OR USE OF THE SERVICES FOR ANY REASON OR FOR NO REASON AT ALL AND THAT YOUR COMPLIANCE WITH THE ABOVE, WHILE NECESSARY TO PROPERLY ACCESS AND MAKE USE OF THE SERVICES, DOES NOT OBLIGATE THE COMPANY TO PROVIDE YOU WITH ACCESS TO AND/OR THE RIGHT TO USE THE SERVICES OR ANY PORTION THEREOF.
Unless context requires otherwise, capitalized terms not defined within the Agreement shall have the following meanings:a. “Affiliate” means, with respect to a party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such party.
b. “Applicable Law” means any and all applicable federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof which are now in effect or which may come in to effect at any time during the Term (defined below).
c. “Application” refers to Company’s software interface which allows Users to access and use the Services and which may be downloaded from an App Store (defined in Section 3) to a User’s mobile device or which may be otherwise accessed by a User as a desktop application online through the Internet;
d. “Content” means any texts, pictures, electronic communications, video, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Service);
e. “Company”, “we”, “our” or “us” shall mean DriveMatch Inc. together with its Affiliates.
f. “Carrier” means any User that makes use of the Services for the purpose of identifying and evaluating Drivers for engagement as an independent transportation contractor operating on behalf of Carrier.
g. “Driver” or “Candidates” means any User that makes use of the Services for the purpose of identifying and evaluating opportunities for engagement as an independent contractor of one or more Carriers pursuant to these Terms. For the avoidance of doubt, although Company makes reasonable efforts to verify certain criteria with respect to each Candidate, it is Carrier’s responsibility to screen Drivers prior to and upon engaging such Drivers to proceed through the Carrier’s hiring processes and pursuant to all applicable laws, rules, and regulations, including state and Department of Transportation regulations.
h. “Location” means a single distinct business location of Carrier operating at a valid address provided to Company by Carrier.
i. “Member” means any User that has registered an Account in order to make use of the Services.
j. “Personal Information” or “PI” means information that is unique to you and may include, without limitation, your name, your phone number, your email address, Content that you provide, your job history, your physical address, wage preferences, job preferences, whether you have reliable transportation, and other information that identifies you.
k. “Representative” means an employee, agent or manager of Carrier accessing and making use of the Service to review and interact with Drivers in order to evaluate them as potential employees.
l. “Services” means the Company interactive technology platform that allows Carriers and Drivers to interact online and assess one another in connection with their respective employment goals and includes, but is not limited to, the Site and the Application.
m. “Staffing Agency” means any professional staffing agency, temporary work agency, temp agency, temporary staffing firm or other similar business that sources and retains workers, employees, contractors or other personnel for or on behalf of third party employers.
n. “Site” means the Company’s website located at https://drivematch.com, or subdomains such as hire.drivematch.com.
o. “User” “you” or “your” means the person or entity that accesses or otherwise makes use of the Services as a Driver or a Carrier.p. “User Information” means the information that you provide to us in order to register an Account and make use of the Services and may include PI.
3. App Store Terms. The following terms apply to any Services accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Services may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
a. These Terms are concluded between you and Company, and not with the App Provider, and that Company (not the App Provider), is solely responsible for the Services.
b. The App Provider has no obligation to furnish any maintenance and support services with respect to the Services.
c. In the event of any failure of the Services to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Services to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Services. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
d. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Services, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third party beneficiary thereof.f. You must also comply with all applicable third party terms of service when using the Services.
4. Limited License and Site Access; All Rights Reserved. Subject to a User’s compliance with these Terms, Company hereby grants to Users who make use of the Services as a Driver a limited license to access and make personal use of the Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). Subject to a User’s compliance with these Terms, Company hereby grants to Users who make use of the Services as a Carrier, a limited license to access and make use of the Services in connection with the Locations identified by Carrier. The license granted in this Section does not include any resale or commercial re-use of the Services or the Content; any derivative use of the Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Services and any Content offered on the Services, including any and all intellectual property rights. Any software applications available on or through the Services are licensed, not sold, to you. The Company may assign these Terms or any part of them without restrictions. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.
5. Ownership of the Content and Services.Except as otherwise expressly stated, all Content appearing on the Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content or the Services will not infringe rights of third parties.
7. Feedback.Please be advised that if you send or submit to the Company creative ideas, suggestions, inventions, or materials (“Feedback”), the Company shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
9. Connection Requirements.You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Services, and Company reserves the right to change the access configuration of the Services at any time without prior notice.
10. Disclosure and Consent to Electronic Communications.
a. Consent to Electronic Communications. When you accept these Terms, you acknowledge that Company may provide certain information, including information regarding your use of the Services (“Communications”), to you electronically through email, the Services, your Account or links to notices posted on the Site, unless and until you withdraw your consent or “opt out” as described below. You understand that the communications referenced in this section may include, but are not limited to, email and SMS Communications, which we may send to the email address and mobile phone number that you provide to us during registration. You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing. You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in these Terms. The categories of Communications that may be provided by electronic means include:any amendments to these Terms, disclosures or notices provided in connection with the Services, including any such notice required by Applicable Law, any statements concerning your Account, any customer service communications, including communications with respect to claims of error or unauthorized use of your Account or the Services, any other communication related to the Services
b. Although Company reserves the right to provide Communications in paper format at any time, you agree that Company is under no obligation to do so unless you first notify us, in writing, of your request to receive further communications in a paper format and your decision to opt out of receiving Communications. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into these Terms electronically, you may not use the Services. If you prefer not to receive email or SMS Communications, you may opt out of receiving email or SMS Communications by following the “unsubscribe” or “opt-out” instructions we provide to you.
c. Timing of Communications. Any electronic Communications will be deemed to have been received by you no later than five (5) business days after Company sends them to you by email or posts such Communication on the Site or otherwise through the Services, whether or not you have received the email or retrieved the Communication from the Site or otherwise through the Services. An electronic Communication by email is considered to be sent at the time that it is directed by Company’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
d. Updated User Information. You agree to promptly update your User Information if such information changes so that Company may contact you electronically. You may update your User Information, such as your email address, through your Account. You understand and agree that if Company sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, Company will be deemed to have provided the Communication to you.
e. System Specifications.(i) Email Access. In order to access, view, and retain electronic Communications that Company provides to you at the email address you provide to us or through Service’s web-based online platform, you must have access to: (i) a computer with an Internet connection; (ii) a current or previous major release version (up to the second most recent version) of either Firefox, Internet Explorer, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in “.pdf” format; (iii) sufficient electronic storage capacity on your computer's hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (iv) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.(ii) Mobile Device Access. In order to access, view, and retain electronic Communications that Company provides to you through SMS or Company’s mobile application, you must have a mobile device capable of operating the Company mobile application as downloaded from an App Store as described in Section 3.
f. Reservation of Rights. Company reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which Company provides electronic Communications. Company will provide you with notice of any such termination or change as may be required by Applicable Law.
11. Profiles.When you register with us for access to the Services and successfully complete the account registration process you will become a “Member” of the Services. As a Member, you will have the opportunity to create a profile (“Profile”) either as a Driver or a Carrier and to add information, data, video and images to your Profile(s) (“Profile Content”). We encourage Members to create and maintain their Profiles and to provide relevant, appropriate and current Profile Content in accordance with these Terms. Account inactivity, incomplete Profiles, or Profiles which lack pertinent Profile Content may experience reduced exposure to other Users of the Services. As a Member using the Services as a Driver, you may have the opportunity to invite other third parties (“Reviewer”) to view the Profile that you create or other information about you and to provide information, reviews and opinions about you (“Review”). If you elect to invite a Reviewer to view your Profile or User Information and to provide a Review, that Reviewer will receive an invitation to register with the Services and will need to complete the registration process to become a User. You represent and warrant that you have the consent of your Reviewer and all requisite authority and legal right to provide such Reviewer’s personally identifiable information (such as name, phone number, and e-mail address). All Members are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Member or by a third party. Please note that you, and not Company, are responsible for maintaining and protecting all Profile Content. Company will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content. You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a third party is authorized by you and will not be considered a “disclosure,” access, or use of information by the Company for any purposes.
In order to access the Services, including (a) to create and manage a Profile and (b) to post any Profile Content through the Services, you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current and complete User Information during the registration process and to update such User Information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Company does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company if you become aware of any unauthorized use of your Account.You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of Third Parties that are expressly authorized by a Member to assist in the creation of the Member’s account, Company prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
13. Paid Features Available Through the Services.
Certain features of the Services may be made available on a paid basis. If you elect to use paid features of the Services (as your “Purchase”), you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted on or provided through the Services. Company may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
There are no refunds for any prepaid fees. In the event you cancel your Purchase, you shall receive no pro rata refund or exchange for any unused Purchase or for any fees paid to us prior to such cancellation. You must notify us of your intent to cancel at firstname.lastname@example.org for any such cancellation to become effective.
By using any paid feature, you (i) authorize Company to charge you a fee at the then current rate, and any other charges you may incur in connection with your use of the Services and (ii) represent and warrant to Company that you have the right and authority to use the payment method provided to the Company.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You shall pay all applicable fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Company by any authority in connection with or arising from the use of the Services, excluding taxes based upon Company’s net income.Company may, in Company's sole discretion, create promotional codes that may be redeemed for features or benefits related to the Services, subject to any additional terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Company; (c) may be disabled by Company at any time for any reason without liability to Company; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code; (d) are not valid for cash; and (e) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
14. User Acknowledgements and Responsibilities.
a. Responsibility for Accounts. You hereby acknowledge and agree that Company is a third party technology service provider, that Company’s relationship with you is that of an independent contractor and that no agency, partnership or joint venture is created between you and Company under these Terms. You further acknowledge and agree that Company does not participate in any exchange of Submissions between a Driver and an Carrier or any interview, questioning, selection, or hiring of Drivers which is Carrier’s sole responsibility, notwithstanding your use of the Services as a part of, and in connection with, such activities. Accordingly, it is your sole responsibility as an Carrier or Representative of Carrier using the Service to comply with all Applicable Law and the terms and conditions of these Terms regarding your use of the Services and the Profile Content that you present. With respect to Users who are Carriers, such compliance with Applicable Law includes, without limitation, all applicable employment and hiring laws and regulations and all record keeping and data protection regulations in connection with the collection, processing, disclosure, retention, and transfer of personally identifiable data under the laws of the country and any other local jurisdiction in which Carrier is operating or collecting and transferring personal data. Company shall have no liability related to any Profile Content presented through the Services, or for record keeping requirements and data protection obligations applicable to Carrier unless expressly assumed by Company pursuant to these Terms.b. No Solicitation of Sensitive Information. Carriers hereby agree not to solicit any PHI or SPI from Drivers through any Submissions exchanged when using the Services and to instruct Drivers not to provide any PHI or SPI to Carrier through any Submissions exchanged when using the Services. As used herein, SPI means “Sensitive Personal Information” and refers to non-public personal information that is unique to you and may include without limitation your social security number, your driver’s license or state identification number, your tax identification number (if applicable). As used herein PHI means Protected Health Information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
15. Special Terms for Staffing Agencies.
You acknowledge and agree that you are hereby prohibited from making use of the Services as a Staffing Agency or Representative of a Staffing Agency. Company may, in its sole discretion, make the Service available for Staffing Agencies pursuant to a separate written agreement which must be negotiated and executed between Company and such Staffing Agency (“Staffing Agency Agreement”). If you are a Staffing Agency or Representative of a Staffing Agency interested in using the Services you must contact Company at email@example.com to receive a copy of the Staffing Agency Agreement and any additional use and pricing information related to use of Service by Staffing Agency.
16. Responsibility for Equipment.Use of the Services may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Services. Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.
17. Third Party Carriers and Sites.The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide the Services during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services. The Services may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
18. Prohibited Use.
a. Any use or attempted use of the Services (a) for any unlawful, unauthorized, fraudulent or malicious purpose, (b) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (c) that could interfere with any other party's use and enjoyment of the Services, (d) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (e) to access systems, data or information not intended by Company to be made accessible to a User, (f) to attempt to obtain any materials or information through any means not intentionally made available by Company, or (g) for any use other than the business purpose for which it was intended, is prohibited.
b. In addition, in connection with your use of the Services, you agree you will not:(i) Use any Content, Profile or Profile Content to determine a consumer’s eligibility for (i) credit or insurance for personal, family, or household purposes; or (ii) a government license or benefit;(ii) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;(iii) Use your Account to create a false identity or otherwise use your account for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iv) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);(v) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;(vi) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;(vii) Use the Services’ communication features in a manner that adversely affects the availability of its resources to other Users (e.g., flooding continuous posting of repetitive text or denial of service attacks);(viii) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;(ix) Violate any applicable local, state, national or international law;(x) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;(xi) Delete or revise any material posted by any other person or entity;(xii) Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services;(xiii) Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;(xiv) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;(xv) Harvest or otherwise collect information about others, including names, phone numbers, addresses and e-mail addresses;(xvi) Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on the Services;(xvii) Promote any opportunity in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;(xviii) Promote any opportunity that requires citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;(xix) Promote any opportunity that includes any screening requirement or criterion in connection with a job opportunity where such requirement or criterion is not an actual and legal requirement of the job;(xx) Promote any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;(xxi) Promote any business opportunity that pays commission only;(xxii) Promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;(xxiii) Promote any opportunity which requires the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership in a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings or (vii) age; or(xxiv) Sell or use any Content or information from the Services for any commercial purpose or personal pecuniary gain.
Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing including, without limitation, the suspension or termination of the User's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
19. Updates. Company may from time to time in its sole discretion develop and provide application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, ”Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
20. Right to Monitor.Company neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through the Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to take such action as the Company, in its sole discretion, including, without limitation, the removal of any materials which may be illegal, may subject Company to liability, may violate these Terms, or are, in the sole discretion of Company, inconsistent with Company's purpose for the Services or the termination of the Account associated with such materials.
21. Your Interaction with other Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR EMPLOYMENT COMPATIBILITY OR OTHER COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any User. Without limiting Sections 22 and 23 below, in no event shall the Company, its Affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, discrimination, harassment and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Services or meet in person. Company is not to be considered to be an employer with respect to your use of the Services and shall not be responsible for any employment decisions, for whatever reason, made by any entity. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate ability to obtain employment or hire an employee. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. You should not use the Services to provide other Users with any personal information including, without limitation, your date of birth, social security number, or personal health information.
Content and other information contained in the Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Services or any website maintained by Company. Users relying on Content or other information from the Services do so at their own risk.YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
23. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THESE TERMS UNDER ANY THEORY. IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
24. Indemnification.You agree to defend, indemnify, and hold harmless Company, its Affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the Services, your use of the Services, your Profile or Profile Content, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms.
25. Term and Termination.
a. Term. These Terms become effective on the date that you first use and/or access the Services and govern your use of the Services until terminated as provided herein.b. Termination. You may terminate these Terms at any time by closing your Account and ceasing your use and access of the Services. Company reserves the right to terminate your Account and your right and license to access and make use of the Services at any time for any reason or for no reason.
26. User Disputes.The Company is not responsible for any disputes or disagreements between you and any other third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among you, other Members, Users, Third Parties and/or any other party. You also agree not to involve the Company in such disputes.
27. Notices.Any notices to you from Company regarding the Services or these Terms will be posted on the Services or made by e-mail or regular mail.
28. General Provisions.
a. Entire Agreement. These Terms, the Privacy Statement, and other policies Company may post on the Services constitutes the entire agreement between Company and you in connection with your use of the Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Services, including prior versions of these Terms.
b. Governing Law; Jurisdiction; Venue; Sever-ability of Provisions. The Terms are governed by the laws of the State of South Carolina, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms shall be brought exclusively in the federal or state courts located in South Carolina, and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms apply to the maximum extent permitted by law. We both agree that if any provision of these Terms is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
c. No Agency Relationship. Neither these Terms, nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
d. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
e. Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
29. Contacting Us.
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Contact Address:DriveMatch Inc.
PO Box 1817
Mt. Pleasant, SC 29465