DRIVERS UNITED, LLC

Terms of Service

NOTICE: IF YOU DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THIS PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE, YOU MAY NOT ACCESS THE PLATFORM OR USE ANY OF ITS SERVICES.

1.         Introduction and Agreement.

Thank you for your interest in the application for mobile devices (the “Application”) provided to you by Drivers United, LLC (hereinafter “Drivers United”, “our”, “us”, or “we”) and the Drivers United website located at: www.driversunited.us (the “Site”) as well as all related web-based platforms, websites, networks, downloadable software, and other services provided by us and on which a link to these terms of service is displayed (collectively, with the Application and the Site, the “Platform”). This “Agreement” includes our Terms of Service and Privacy Policy and such other terms and conditions that may from time to time be imposed upon your access to the Platform. If you do not agree with this Agreement, you may neither access the Platform nor use any of the services provided through the Platform. Your continued access to the Platform and use of the services provided through the Platform shall constitute your ongoing consent and agreement to any revisions and additions Drivers United makes to this Agreement from time to time. This Agreement is a legally binding contract between you and Drivers United governing access to the Platform and use of the services provided through the Platform. You may request a copy of this Agreement by emailing us at: admin@driversunited.us.

2.         Material Terms.

Without limiting the express language of the Agreement, you agree and acknowledge that this Agreement includes the following material terms:

  1. License. The Application is licensed to you. You may access the Platform and use the services provided through the Platform only as permitted in this Agreement. You have no ownership rights in the Application.
  2. Third Party Services. Certain services provided through the Platform are subject to separate third-party terms of service and fees, including, but not limited to, terms of service and fees imposed by your network provider (“Mobile Carrier”) including fees charged for data usage and overage, which are your sole responsibility.
  3. Privacy. You consent to the collection, use and storage of your personally identifiable and non-personally identifiable information in accordance with Drivers United’s Privacy Policy, including, but not limited to, the collection of your location information such as global positioning system (“GPS”) coordinates.
  4. Messaging. Messaging in, to, or about the Platform may occur in a variety of electronic communications mechanisms.
  5. No Warranties. The Platform and services provided through the Platform are provided “as is,” without warranties of any kind and Driver United’s liability to you is limited.
  6. Cancellations. If for any reason you are dissatisfied with your subscription to the Drivers United platform, you may cancel your subscription as indicated herein. Cancellations must be made on the settings page of the website: www.driversunited.us. Upon cancellation of your subscription to Drivers United you will lose continued access to the Platform as stated herein.
  1. Pre-Paid Annual Subscriptions: You may cancel your subscription at any time with 30 days written notice. Access to the platform will cease within that 30 day notice period. No refunds will be given for unused portions of your subscription.
  2. Month to Month Subscription: You may cancel your subscription at any time with a 30 days written notice. A final one-month fee will be assessed for all monthly subscriptions that are not properly terminated before they are scheduled to renew. Access to the platform will cease at the end of the month you are last billed. Example: if your subscription is due on the 1st  of each month and you provide your 30 days written notice of cancellation on the 2nd of the month, your subscription will automatically renew according to subparagraph (iv) below on the 1st day of the following month and end on the last day of that month.
  3. Free Trial Subscriptions: You must cancel your free trial subscription at least 24 hours before your seven (7) day free trial ends in order to cancel your trial subscription and prevent any recurring charges. Any charges that occur for failure to timely terminate your subscription after the free trial period will be deemed valid and no refunds will be given. If properly terminated, the free trial period ends at 11:59p (central standard time) on the last day of the trial period.
  4. Automatic Renewal. The Services will automatically renew on a recurring-fees basis for a renewal period equal in time to the original subscription period unless terminated by either party in writing at least thirty (30) days prior to the expiration of the then-current term. You will be automatically charged the current prevailing applicable fees for such services using the payment method you have on file with us.
  1. Application Requirements. The Application requires access to the certain services on mobile devices including, but not limited to, UDID, MAC address, or other applicable device identifier, phone state and identity, audio and microphone access and internet

and data services.

  1. IOS Devices. If you use the Application on an iOS-based device, you acknowledge and agree to the “Notice Regarding Apple” set forth below.
  2. Use of Mobile Devices While Driving.  Always drive vigilantly according to road conditions and in accordance with traffic laws. BY USING THE MOBILE APPLICATIONS, YOU AGREE TO NOT USE THE SERVICES WHILE DRIVING. DRIVERS UNITED SHALL HAVE NO LIABILITY OF ANY KIND OR NATURE WHATSOEVER FOR ANY FINES, VIOLATIONS, AND/OR ACCIDENTS THAT MAY OCCUR FROM ANY USER USING THE APPLICATION WHILE OPERATING A MOVING VEHICLE.
  3. Claims and Class Action Proceedings. SUBJECT ONLY TO LOCAL LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DRIVERS UNITED ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  1. Eligibility.

You must be at least eighteen (18) years of age to access the Platform and use the services provided through the Platform. By agreeing to this Agreement, you represent and warrant to Drivers United: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or prohibited from accessing the Platform; and (iii) that your registration and your use of the Platform and the services provided through the Platform is in compliance with any and all applicable laws and regulations. If you are accessing the Platform or using the services provided through the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree on behalf of such organization that it shall be bound by this Agreement.

  1. Accounts and Registration.

To access most services provided through the Platform, you must register for an account. When you register for an account, you may be required to provide Drivers United with information about yourself (such as your name, e-mail address and other contact information). You agree that the information you provide to Drivers United shall be your information, and in all material respects accurate and that you will update and maintain such information in a currently accurate state at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur in connection with your account. If you believe that your account has been compromised or is otherwise not secure, then you should immediately notify Drivers United at admin@driversunited.us.  

  1. Scope of License.

The Application is only licensed for your use under the terms of this Agreement. Drivers United reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, Drivers United hereby grants you a personal, limited, revocable, non-transferable license to use the Application on any compatible device that you own or control, solely for your own use. You shall not (i) rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms),or attempt to disable or circumvent any security or other technological measure designed to protect the Application or any content available through the Application. If you breach these license restrictions, or otherwise exceed the scope of any license granted by this Agreement, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Agreement will govern any updates provided to you by Drivers United that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which event the terms of that license shall govern.

  1. Paid Subscription Licenses.

Drivers United may offer fee subscriptions for any or all parts of the Platform. If you elect to use a fee subscription service, you additionally agree that (i) you are expressly opting into using the fee subscription service, (ii) Drivers United, in its sole discretion, may make or change the features or offers available for fee subscriptions at any time, (iii) you are bound by the terms and conditions of the payment platform you use to pay the subscription fee, (iv) any eligible refunds are processed solely through the payment method you used to pay the subscription fee, (v) refunds for any services you purchased will only be made within seven (7) days from original purchase date and any refunds requested after the seven (7) day period has expired, will be denied. Drivers United may refuse or limit a refund depending on usage of services and other factors even within the seven (7) day period. All refunds will be processed as a one-time per

subscriber courtesy.

  1. Content You Submit.

The Platform includes features that allow you to upload certain materials to Drivers United servers, to facilitate certain processing of those materials by Drivers United, and to share those materials with your contacts and other users of the Platform. The following provisions apply to your use of such features to manage and share media content across the Platform. You agree that you shall be solely responsible for, and assume all liability and consequences for all text, audio, messages, photos, images, and all other media content that you submit through the Platform along with all associated metadata (which may include, but not be limited to, your device type, date, time, application and location data associated with the creation and/or submission of the particular content (collectively, the “User Content”)). For clarification purposes, User Content shall not include data submitted to the Application that is used to enable features of the Application that are not designed specifically as User Content.

  1. Ownership of User Content. You retain ownership of all of your rights in your User

      Content and Drivers United shall not acquire any ownership of rights in your User

Content. However, in order for Drivers United to provide certain services through the Platform, Drivers United needs certain permissions from you. Accordingly, you hereby grant Drivers United a worldwide, non-exclusive, royalty-free, sublicensable and transferable license, without obligation, to use, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify and otherwise utilize your User Content and modifications and derivatives thereof (including without limitation the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt your User Content as Drivers United, in its sole discretion, deems necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media where your User Content may be implemented in connection with providing services to Drivers United users). You agree that Drivers United is not obligated to publish any User Content, shall have the right to remove any User Content from the Platform at any time and for any reason, and is not obligated to pay or share any revenue or compensation with you in connection with your User Content, any associated advertising, or otherwise.

  1. User Data. Users are able easily request their data to be permanently deleted via in-app channels as well as contacting our support channels at  admin@driversunited.us __________________
  2. License. By posting and sharing User Content with another user of the Platform, you grant that user a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Platform.
  3. Representations and Warranties. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of all User Content that you submit to the Platform, or you have all rights, licenses, consents and releases that are necessary and appropriate to grant to Drivers United the rights in such User Content as contemplated under this Agreement and (ii) neither the User Content you submit to the Platform nor your creation of, accessing, posting, submission or transmission of such User Content or Drivers United exercise of the rights granted to it to such User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including without limitation restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non-consensual recording, or otherwise),or give rise to any right of payment of any amounts to any third party.

e.   Objectionable User Content. You agree not to submit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, or is inappropriate for the type of form or field on the Platform for which you are providing User Content, as determined by Drivers United in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancelbots, trojans and/or other harmful code.

8.        Open Source and Third-Party Software.

The Platform may include open-source software or third-party software. Any such software is made available to you under the terms of the applicable licenses.

9.        Digital Millennium Copyright Act.

a.   DMCA Notification. Drivers United respects the intellectual property rights of others    

      and acts in accordance with our interpretation of the Digital Millennium Copyright Act,                  

      17 U.S.C. § 512, as amended ("DMCA"). If you have an intellectual property rights-

      related complaint about material posted on the Platform, you may contact Drivers

      United Designated Copyright Agent at the following address: admin@driversunited.us.

b.        Notice of Infringement. Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that allegedly has been infringed;
  2. a description of the copyright-protected work or other intellectual property right that allegedly has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Platform;
  4. the address, telephone number, and email address of the party alleging the infringement;
  5. a statement by the party alleging the infringement that such party has a good faith belief that the use of those materials on the Platform is not authorized by the copyright owner, its agent, or the law;
  6. a statement by the party alleging the infringement that the information contained in the notice is accurate and that, under penalty of perjury, such party is the copyright or intellectual property owner or is authorized to act on the copyright or intellectual property owner's behalf.
  1. Repeat Infringers. Drivers United may promptly terminate without notice the accounts of users that are determined by Drivers United to be “Repeat Infringers.” A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from the Platform on more than one occasion.

10.        Third Party Materials and Linking to Third Party Sites.

Certain portions of the Platform may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge that by using the Platform, you may encounter Third Party Materials and other content, such as third party advertisements and promotional content (collectively, “Content”),that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Platform at your sole risk and that Drivers United shall not have any liability to you for any Content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise. The Platform may provide links to third party sites. Your use of and access to such sites is completely voluntary and not required to access the Services or use the Platform. The linked sites are not under the control of Drivers United, and Drivers United shall have no responsibility for the content of any linked site or subsequent links from that site to other sites, or for the security of any of your personal information that may be compromised by accessing such sites. Drivers United may provide such links as a courtesy to our users, but such links shall not under any circumstances constitute Drivers United endorsement of any linked site.

11.        Use of the Platform.

        Your rights to use the Platform are expressly conditioned on the following:

  1. Proprietary Information. You agree and understand that the Platform, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you shall not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials.
  2. Derivative and Other Works. Unless expressly permitted, you shall not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization.
  3. Bypass of Security. You shall not bypass any security or other features of the Platform designed to control the manner in which the Platform is used, harvest or mine content from the Platform, or otherwise access or use the Platform in a manner inconsistent with

individual human usage.

  1. Extraction of Data. You shall not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to

extract data.

  1. Fraudulent Activity. You shall not perform any fraudulent activity, including impersonating

any person or entity, or accessing any other Platform account without permission.

  1. Reverse Engineering. You shall not decipher, reverse engineer, decompile or disassemble the Platform or the Content, or the software used to provide the Platform or

the Content, in whole or in part, or authorize, direct, or cause a third party to do so.

  1. Framing. You shall not use, display, mirror, frame or utilize framing techniques to enclose the Platform or any content, or any portion thereof, unless and solely to the extent Drivers United makes available the means for embedding any part of the Platform or any

content.

  1. Non-Public Areas. You shall not access, tamper with, or use non-public areas of the Platform, Drivers United (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Drivers United providers.
  1. Harassing Conduct. You shall not use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Drivers United is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that

you may receive as a result of using the Platform.

  1. Driving. You shall (i) not use the Platform while driving and (ii) only use the Platform after you have stopped your vehicle in an appropriate location permitted by law or have a passenger other than the driver use the Platform, provided it does not interfere with the

due course of driving and does not distract the driver.

  1. Third Party Fees. You acknowledge and agree that your use of the Application may incur third party fees, such as fees charged by your Mobile Carrier for data usage, and may be subject to third party terms, such as your Mobile Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.
  2. Competition. You shall not use the Platform for the purpose of competing with Drivers United with respect to the services offered through the Platform or otherwise. You agree any attempt by you to compete with Drivers United shall create irreparable harm to Drivers United.
  3. Violation. You shall not do any of the acts described in this Section 11, or to assist or permit any person in engaging in any of the acts described in this Section 11. Any violation of this Section 13 may result in termination of your account, and Drivers United may seek other relief in law or in equity for such violation.

12.         Location Based Services.

                

                Some of the features of the Platform enable Drivers United to tailor your experience based on your location (“Location-based Services”) including, but not limited to, offers, event updates, advertisements, and other announcements available to you based on your location. In order to use certain Location-based Services, you must allow Drivers United access to your localized position (“Location Data”) through your device, which Drivers United may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Drivers United access to your Location Data, Drivers United may nonetheless have access to location information contained in media content metadata, to the extent you have enabled the application originating such media content to capture and store Location Data. If you choose to disable Location-based Services on your device or to the Application, you will not be able to utilize certain features of the Platform. By authorizing Drivers United to access your Location Data or media files containing location based metadata, you agree and acknowledge that (i) Location Data we collect from you is directly relevant to your use of the Platform; (ii) Drivers United may, for so long as you allow Drivers United to access such Location Data or metadata, provide Location-based Services related to your then-current location; and (iii) Drivers United may collect, use, store, and/or aggregate your Location Data. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APPLICATION OR A THIRD-PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND DRIVERS UNITED DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION-BASED SERVICES. Drivers United may use third party services as part of its Location-based-Services, including but not limited to Google maps. By using our applications you agree to be bound to the terms of such Location-based-Services. For Google such terms can be found here: https://policies.google.com/privacy?hl=en-US.

13.        Consent to Use of Data.

        

                You agree that Drivers United may collect and use Location Data, technical data and related information, including but not limited to UDID and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the services provided through the Platform, and to track and report your activity inside of the Platform, including for analytics purposes. If you are located outside of the United States, you expressly consent to the transfer and processing of your data outside your home jurisdiction. Please see Drivers United Privacy Policy for more information regarding information Drivers United collects and how it uses and discloses that information.

14.        Feedback.

                

                While Drivers United is continually working to develop and evaluate our own product ideas and features, we appreciate the interests, feedback, comments, and suggestions we receive from our user community. If you choose to contribute by sending Drivers United or our employees any ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively “Feedback”),then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Drivers United, you agree that:

  1. No Obligation. Drivers United has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
  2. Confidentiality. Feedback is provided on a non-confidential basis, and Drivers United is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;
  3. License. You irrevocably grant Drivers United and its successors and assigns a perpetual and unlimited license to use, reproduce, modify, distribute, display, and perform the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody the Feedback whether in whole or in part, and whether as provided or as modified.

15.        Ownership.

         The Platform, and all content, media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Drivers United and its licensors, provided that your User Content, and your intellectual property rights therein, remain your property. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Drivers United in this Agreement are expressly reserved.

16.        Termination.

         This Agreement shall remain effective until terminated by you or Drivers United. Your rights under this Agreement and the revocable license granted herein will terminate automatically without notice from Drivers United if you fail to comply with any term(s) of this Agreement (including your violation of any license restriction provided herein). In addition, Drivers United may in its sole discretion terminate your user account or suspend or terminate your access to the Platform at any time, with or without notice. Drivers United also reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform) without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by uninstalling the Application and ceasing use of the Platform. Upon any termination of the Agreement, you must immediately cease all access to the Platform and the use of any services provided through the Platform, and destroy all copies, full or partial, of the Application. Section 1 and Sections 3 through 26 will survive termination of this Agreement for any reason.

 

  1. Indemnification.

         You will indemnify, defend and hold Drivers United, its affiliated entities and their respective members, managers, officers, directors, employees, agents, contractors, attorneys, representatives, successors and assigns (each, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, liabilities or expenses including, without limitation, attorneys’ and experts’ fees and costs incurred in connection with any judicial or non-judicial third-party claim, demand or action (each, a “Claim”): (a) arising out of or allegedly arising out of (i) your use of the Platform (ii) your breach of this Agreement, (iii) material submitted to Drivers United for use in providing the Services, including, but not limited to, any claim that the use of your material infringes upon or violates any Intellectual Property Right of any third party or is inaccurate or misleading in any respect, (iv) your negligence or willful misconduct, or (v) your violation of or failure to comply with any applicable law, regulation or government agency guideline, including without limitation any federal or state privacy or consumer protection laws, demanding compensation or benefits, or pursuing any employment-related Claim, by any of your employees or contractors. Drivers United may, but shall not be obligated to, participate in the defense of any Claim. You will not settle any Claim against an Indemnified Party without Drivers United prior written consent. In the event of a Claim against an Indemnified Party, Drivers United may terminate this Agreement, any registration, account or Subscription without any liability of any kind or nature whatsoever. All Claims and disputes arising under or relating to this Agreement are to be determined by a court of law in DuPage County, Illinois. In no event shall the total liability of Drivers United to you for all damages, losses, and causes of action arising from this Agreement exceed the sum of all payments made to Drivers United for Services as defined in this Agreement.

  1. LIMITATIONS ON LIABILITY.

                 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DRIVERS UNITED NOR ITS

OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM: (I) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY INFORMATION ON THE PLATFORM; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICES; AND/OR (IV) EVENTS BEYOND DRIVERS UNITED’S REASONABLE CONTROL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES,

LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES

OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL DRIVERS UNITED HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES HEREUNDER OR ANY OF THE SERVICES. FURTHERMORE, DRIVERS UNITED SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR REVENUE INCLUDING, BUT NOT LIMITED TO, ANY LOSSES INCURRED AS THE RESULT OF THE LOSS OF USE OF ANY OF THE SERVICES, LOSS OF ANY DATA FROM ANY CAUSE, BUSINESS INTERRUPTION OR OTHER SIMILAR LOSSES. DRIVERS UNITED’S TOTAL LIABILITY FOR ALL CLAIMS OF EVERY KIND AND NATURE WHATSOEVER UNDER THIS AGREEMENT REGARDLESS OF THE MANNER IN WHICH THE CLAIMS ARE ASSERTED INCLUDING, BUT NOT LIMITED TO, ANY CLASS ACTION, SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES YOU HAVE PAID DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE ASSERTION OF SUCH CLAIMS.

 

  1. Third Party Disputes.

         DRIVERS UNITED IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE DRIVERS UNITED PLATFORM, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE DRIVERS UNITED (AND DRIVERS UNITED’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

  1. Modification of this Agreement.

                Drivers United reserves the right, in its sole discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective as provided herein. In the case of material changes to this Agreement, Drivers United will make reasonable efforts to notify you of the change, by sending an email to any address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism. Any modification to the Agreement will be effective upon the earlier of (i) your first use of the Platform with actual notice of such change, or (ii) on the date of posting of such change on the Platform. Your use of the Platform following the date that any such change becomes effective constitutes your agreement to be bound by the modified Agreement. If you do not agree to the modified Agreement, your sole and exclusive remedy is to terminate your account and cease use the Platform. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.

  1. General.
  1. Entire Agreement. This Agreement, together with the Drivers United Privacy Policy and any other applicable policies and guidelines, constitute the entire agreement between you and Drivers United with respect to the subject matter contained in this Agreement.
  2. Headings. Titles and section headings in this Agreement are for the purpose of reference, are inserted for convenience only and shall in no way limit, define, or otherwise affect the provisions of this Agreement.
  3. Independent Contractors. The relationship between you and Drivers United is that of independent contractors. Neither you, on one hand, nor Drivers United, on the other hand, has or will have any power to bind the other or to create any obligation on behalf of the other, nor shall either represent that it has any such power.
  4. No Representations or Warranties. Other than as specifically set forth herein, there are no other representations, agreements, arrangements, or other understandings, oral or written, between you and Drivers United with respect to the subject matter of this Agreement. Additional terms and conditions to this Agreement will not be valid or enforceable unless approved in writing by both you and Drivers United.
  5. No Waiver. The failure by either you or Drivers United to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions, or prevent you or Drivers United from thereafter enforcing that provision or provisions and every other provision of this Agreement.
  6. Severability. The provisions of this Agreement are severable, and if any one or more provisions are determined by a court of competent jurisdiction to be unenforceable, in whole or in part, then the remaining provisions shall nevertheless be binding and enforceable.
  7. Binding Effect. Except as otherwise provided herein, this Agreement is binding upon and inures to the benefit of you and Drivers United and, as applicable, the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of you and Drivers United.
  8. Notices. All notices and other communications required or permitted to be sent under this Agreement shall be in writing and sent to: (i) you at the address specified in your registration as the same may be amended from time to time and (ii) Drivers United to the Drivers United at the address specified at the end of this Agreement. Notice shall be deemed effective upon: (i) receipt when delivered personally, (ii) written verification of receipt from overnight courier, (iii) verification of receipt of registered or certified mail, or (iv) verification of receipt via email.
  9. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois.
  10. Dispute Resolution. You and Drivers United shall use best efforts to resolve any and all Claims and disputes arising under this Agreement, first through good faith negotiations and without initially resorting to litigation or other similar proceedings; provided, however, that either you or Drivers United shall be entitled to: (i) seek injunctive relief in any court of competent jurisdiction to avoid irreparable harm for breach of this Agreement; or (ii) commence litigation in the venue set forth below to avoid a Claim being barred by an applicable statute of limitations, without first attempting to resolve such Claim or dispute through good faith negotiations or mediation. If you and Drivers United are unable to resolve any Claim or dispute via good faith negotiations, then you and Drivers United shall, prior to commencement of any legal action or suit, participate in non-binding mediation proceedings, with a mediator chosen jointly by you and Drivers United and with the costs of mediation divided equally between you and Drivers United. Should mediation not result in a mutually acceptable agreement and resolution of the Claim, then the claiming party shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either at law or in equity, to obtain damages for breach of this Agreement. Notwithstanding the foregoing, neither party shall be prevented from seeking an injunction at any time.
  11. Venue. With respect to any dispute involving this Agreement, venue shall lie exclusively in either (i) the United States District Court for the State of Illinois sitting in Chicago, Illinois or (ii) Courts of DuPage County, Illinois sitting in Wheaton, Illinois.
  12. WAIVER OF JURY TRIAL. YOU AND DRIVERS UNITED EACH WAIVES, IRREVOCABLY AND UNCONDITIONALLY, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON, UNDER, OR BY VIRTUE OF, OR RELATING IN ANY WAY TO THIS AGREEMENT, OR ANY CLAIMS, DEFENSES, RIGHTS OF SET-OFF OR OTHER ACTIONS PERTAINING TO THIS AGREEMENT OR TO ANY OF THE FOREGOING.
  13. Attorney’s Fees. If any legal action arises under this Agreement or by reason of an

        asserted breach of it, then the prevailing party in such action shall be entitled to

        recover all costs and expenses, including reasonable attorneys’ fees, incurred in such action. The amount of attorneys’ fees shall be determined by the court sitting without a jury.

  1. Section Headings. Section headings in this Agreement are for convenience only and will not have any impact on the interpretation of any provision. If any provision of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  2. Governing Law. This Agreement shall be governed by, and construed in accordance

      with, the laws of the State of Illinois.

  1. Amendment. This Agreement may not be amended or otherwise modified except as expressly provided herein. If at any time Drivers United updates any of the terms and conditions contained herein, then as a condition to any renewal term, you may be required to agree to such updated terms and conditions. In addition, Drivers United may, at any time and from time to time during the term of this Agreement, propose amendments or modifications to the terms and conditions by delivering to you written notice of Drivers United’s proposed amendment or modification, which notice shall specifically identify the provisions of this Agreement that are being amended. If you fail to object to such amendment or modification by delivering to Drivers United written notice of your objection within thirty (30) days after Drivers United delivers notice of the proposed amendment or modification to you, then such amendment or modification will be deemed accepted and agreed to by you and this Agreement and the affected terms and conditions shall be automatically amended to include such amendment or modification without any further action by the parties. If you validly and timely object to the proposed amendment or modification, then you and Drivers United shall act in good faith to negotiate a mutually acceptable amendment or modification.
  2. Assignment. This Agreement is and shall be freely assignable by Drivers United. You shall not assign or otherwise transfer this Agreement or any of its rights or obligations thereunder to any other person or entity without the prior written consent of Drivers United.
  3. Third Party Beneficiaries. Except as specifically provided herein to the contrary, this Agreement is not intended to benefit any third party and neither you nor Drivers United intend to vest any rights in any third parties under this Agreement, except that each Indemnified Party shall be a third-party beneficiary and shall be permitted to enforce its rights as such under this Agreement.
  4. Force Majeure. The performance by Drivers United of its obligations under this Agreement shall be excused by any cause or circumstance beyond Drivers United’s reasonable control including, but not limited to, acts of God or nature, war or warlike conditions, terrorism, riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes or labor shortages, sabotage, shortages in fuel, transportation facilities or materials, or failures of equipment, internet, telecommunications facilities or third party software programs.
  5. Survival. Upon termination of this Agreement, any provision that by its nature or express terms should survive, will survive, including Section 1 and Sections 3 through 31.

  1. Contacting Drivers United.

                You can contact Drivers United by email at admin@driversunited.us, or by US Mail 115 55th Street, Ste. 410, Clarendon Hills, IL 60514.

  1. Obtaining a Copy of this Agreement.

                You may have this Agreement mailed to you electronically by sending a letter to the address in Section 22 with your electronic mail address and a request for a copy of this Agreement.

  1. Notice to California Residents.

                If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding this Agreement or to receive further information regarding use of the Platform.

  1. NOTICE REGARDING APPLE.

                To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree that this Agreement is between you and Drivers United only, not with Apple, and Apple is not responsible for the Platform and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Platform and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third party beneficiaries of the provisions of this Section 30, but not of any other provisions of this Agreement and upon your acceptance of these provisions, Apple will have the right (and will be deemed to have accepted the right) to enforce these provisions against you as a third-party beneficiary. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. Third Party Partners Access to Information.

                Our third-party partners operate under their own privacy policies and may access your information. We encourage you to check their privacy policies, to learn more about their practices for processing information. Their privacy policies can be found on: www.driversunited.us.

  1. Permitted Use of Personal Information. Drivers United uses your Personal Information to provide you products and services, such as to fulfil your requests for products or to help us personalize our offerings to you. We also use your Personal Information to support our business functions, such as fraud prevention, marketing, and legal functions. To do this, we combine personal and non-Personal Information, collected online and offline, including information from third-party sources:
  1. Fulfill Requests: To fulfil your requests for products and services and communicate with you about those requests.
  2. Understand Customer Behavior: To better understand customer behavior so that we may improve our marketing and advertising efforts and to improve the distribution of our products and services.
  3. Personalize Offerings: To help us personalize our service offerings, Website/app, mobile services, and advertising.
  4. Protection: To protect the security and integrity of our Website/app mobile services, and our business.
  5. Legal: To comply with legal and/or regulatory requirements.
  6. Responding to Customer: To respond to reviews, comments, or other feedback you provide us.
  7. Employment Applications: In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background or resume and other information, including your ethnicity where required or permitted by law. We may use this information throughout Drivers United, its subsidiaries and affiliates, and its joint ventures for the purpose of employment consideration.
  8. Promotional Messaging or Advertising: With your consent, Drivers United uses your contact information to recommend products and services that might be of interest to you, to send you marketing and advertising messages such as newsletters, announcements, or special offers or to notify you about our upcoming events. If at any time, you would like to discontinue receiving any such email updates, you may unsubscribe by following the unsubscribe instructions included in each promotional email.

  1. Use, disclosure, and sharing of Personal Information with Service providers. We may use third-party partners to help us operate and maintain our Website/app and deliver our products and services. We may also share your information with our service providers and other third parties (“Affiliated Parties”) that provide products or services for or through this Website/app or for our business (such as Website/app or Infrastructure hosting companies, communications providers, email providers, analytics companies, credit card processing companies and other similar service providers that use such information on our behalf). Third-party service providers are contractually restricted from using or disclosing the information, except as necessary to perform services on our behalf or to comply with legal requirements.
  2. Compelled disclosures. Drivers United may be required to disclose collected

information in order to (i) respond to investigations, court orders or legal process, (ii) to investigate, prevent or take action regarding illegal activities, suspected fraud, potential threats to the physical safety of any person, (iii) violations of the Company’s terms of service, or (iv) as otherwise required by law.

  1. Your ability to access, limit use and disclosure. You may request access to your

personal data to update, correct or delete, or to limit the use or disclosure of, your personal data. Individuals wishing to view, update, delete, or supplement their personal data may do so by contacting the business that provided Drivers United your personal data directly to make your requests, or alternatively you can submit your request to Drivers United at: admin@driversunited.us. You may also submit complaints about your privacy and our collection or use of your personal information to: admin@driversunited.us.

  1. Disclosure of Personal Information. Drivers United does not sell or otherwise disclose the Personal Information it holds to third parties, except for the following exceptional circumstances:
  1. Third Parties: Drivers United will not rent or sell your Personal Information to others but may disclose Personal Information with third-party vendors and service providers that work with Drivers United. We will only share Personal Information to these vendors and service providers to help us provide a product or service to you at your request and in accordance with our respective agreement. We will ensure appropriate contractual clauses are in place to ensure compliance with data protection legislation.
  2. Business Purposes: In a prospective business transaction, Drivers United may disclose Personal Information where Drivers United has entered into an agreement that restricts the use and disclosure of that data solely for purposes related to the transaction, protects the data by security safeguards appropriate to the sensitivity of the information, and if the transaction does not proceed, the data is returned to Drivers United or destroyed within a reasonable time. With respect to employee data, Drivers United may disclose Personal Information if it is necessary to establish, manage or terminate an employment relationship, as allowed by law.
  3. Legal and Safety Reasons: Drivers United may be required to disclose Personal Information to law enforcement agencies, government agencies, or legal entities. We may disclose information by law, litigation, or as a matter of national security to comply with a valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law. We may also need to disclose Personal Information in the event of an emergency that threatens an individual’s life, health, or security. If the data requested is held on behalf of a customer, Drivers United will consult the customer unless it is prohibited to do so by law. Drivers United may be required to disclose information without your consent or knowledge if: (i) it is reasonable to expect that disclosure with your knowledge or consent would compromise an investigation of a breach of an agreement or a contravention of the law; (ii) it is reasonable for the purposes of preventing, detecting or suppressing fraud and it is reasonable to expect that the disclosure with your knowledge or consent would compromise the ability to prevent, detect or suppress the fraud; (iii) it is necessary to identify an individual who is injured, ill or deceased to a government institution or the individual’s next of kin or authorized representative and, if the individual is alive, with notification to the individual.
  4. Via Links to Third-Party Websites, Services, and Applications: Using our Website/app or services may link to third party web websites, services, and applications. Drivers United is not responsible for any Personal Information collected through these means. Information collected is governed through the third party’s website’s privacy policy. Any interactions you have with these web websites, services, or applications are beyond the control of Drivers United.

  1. Right to Correct Personal Information. You have the right to request the correction of any inaccurate personal information that we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information. We will use commercially reasonable efforts to correct the inaccurate personal information as you may direct.
  1. Security. We take reasonable and appropriate precautions, including administrative, technical, personnel, and physical measures, to safeguard Personal Data against loss, misuse, theft, and unauthorized access, disclosure, alteration, and destruction. We also use Secure Sockets Layer (SSL) encryption when transmitting sensitive information. Please keep in mind that due to the inherent nature of the Internet, there is no way to make the transmission of electronic data entirely safe from intrusion. To help protect the privacy of data and personally identifiable information you transmit through use of this site and any other related services, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
  2. Data Retention and Storage.  All Personal Information is retained only for as long

as it is necessary for the purposes for which it was collected or transferred. Drivers United retains your information for business purposes, for as long as your account is active, and/or as long as is reasonably necessary to provide you with our products and services. Drivers United will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain cached or archived copies of your information for a reasonable period of time. At any point in time, you can withdraw consent and we will immediately stop processing your data.

  1. International Transfer of Personal Information. Drivers United may share customer

information within our family of companies for a variety of purposes, for example, to provide you with the latest information about our products and services and offer you our latest promotions. To facilitate our global operations, Drivers United may transfer Personal Information from your home country to other Drivers United locations across the world. To protect your Personal Information, we will only transfer data to countries who provide an “adequate” level of Personal Information protection. If the data is transferred to counties without ‘adequate’ protection as determined by the European Parliament, we will use additional safeguards to ensure your data is protected.

  1. Company Response to a Data Request and/or Security Breach.  In regard to the aforementioned rights to voice questions, make requests regarding your data privacy or withdraw consent, we will respond to your request within 30 days. In some cases, however, we may limit or deny your request if: the law permits or requires us to do so, if it infringes on the privacy of other individuals or internal procedures, if we find the request to be unfounded or excessive or if we are unable to verify your identity.

If the volume or complexity of the request requires internally processing at Drivers United beyond 30 days, Drivers United will inform the requester within 30 days of the reasons for an extension and may charge a reasonable fee to cover administrative costs.

Security of all information is of the utmost importance for Drivers United. Drivers United uses technical and physical safeguards to protect the security of your Personal Information from unauthorized disclosure. We use encryption technology to keep all information secure. We also make all attempts to ensure that only necessary people and third parties have access to Personal Information. Nevertheless, such security measures cannot prevent all loss, misuse, or alteration of Personal Information and, unless otherwise agreed in a written agreement between Drivers United and the applicable party, we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. In the case of a data breach, we will notify you without undue delay of any loss, misuse or alteration of Personal Information that may affect you. We will notify relevant regulatory bodies within 72 hours of a breach.

 

 

 

 

 

 

 

 

 

 

DRIVERS UNITED, LLC

Privacy Policy

Your Online Privacy Responsibilities

By using this Site, you agree to take basic steps to ensure your privacy online. You agree to log out of this site when you are finished, protecting your information from other users. You also agree not to share your password or login ID with anyone else. In addition, you agree to take reasonable precautions against malware and viruses by installing an anti-virus software to protect your online activities.

What Is Personal Information?

Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Information may include the following: name, address, date of birth, gender, and contact data (i.e., email address, telephone number, and employer name). We may also collect information that is related to you but that does not personally identify you (“Non-personal Information”). Non-personal Information also includes information that could personally identify you in its original form, but that we have modified (for instance, by aggregating, anonymizing or de-identifying such information) in order to remove or hide any Personal Information.

Scope of This Privacy Policy

This Privacy Policy applies to Personal Information and other information collected by Drivers United or its service providers from or about: (i)Visitors to, or users of, its website and application

        Prospective and current customers using Drivers United services; (ii) Service providers and business partners; (iii)         Prospective and current employees; (iv) Other third-parties that it interacts with.

We collect this information to continually improve and enhance the functionality of Drivers United. We gather certain information automatically. This information may include IP addresses, browser type, Internet service provider (ISP),referring/exit pages, operating system, date/time stamp, and/or clickstream data. We link this automatically collected data to other information we collect about you.

Collection of Personal Information

We take your privacy seriously and employ information protection controls in keeping with industry standards and practices to safeguard your information and protect your anonymity. Personal Information about you may be collected from you through various sources, including information i) that is entered manually and voluntarily by you on the Site’s application and other forms or postings on the Site; ii) that you provide regarding your preferences (for example, based on your activity on our website); iii) from other sources with your consent (for example, from other institutions such as auditors or administrators); iv) from sources in the public domain; and v) from other interactions you may have with us (for example, discussions or emails with our staff, including through the use of the Site’s contact features).

In addition, when you visit our Site/App, we may gather anonymous technical and navigational information, such as computer browser type, Internet protocol address, cookie information, pages visited, and average time spent on our Website/app. This information does not personally identify you and may be used, for example, to alert you to software compatibility issues, to customize any advertising or content you see, fulfil your requests for products and services, contact you, conduct research or analyze and improve our Site design and functionality.

Such information collected by us may be stored and processed in the United States or any other country in which our agents or we maintain facilities. By using the Website/app and our Services, you consent to the foregoing collection and use of information and any such transfer of information outside of your country. We make no representation or warranty with respect to any duty to permanently store any Personal Information you may provide.

Personal information you choose to provide

In order to provide the best experience when you visit our Site or use our app, we may ask you for Personal Information. Personal Information includes, for example, your name and e-mail address, both of which you may be asked to provide when registering with Drivers United. A description of some of the ways that you may provide Personal Information to us, as well as further details on how we may use such Personal Information, is given below.

Contact us/feedback

If you email us using a “Contact us” link on our Site or in our app, we may ask you for information such as your name and e-mail address so we can respond to your questions and comments. If you choose to correspond with us via e-mail, we may retain the content of your e-mail messages, your e-mail address and our response to you.

Surveys

We may occasionally ask Site or app visitors to complete online surveys and opinion polls about their activities, attitudes, and interests. These surveys help us improve our products and services. When asking for participation in these surveys, we may ask you to provide us with your name and email address.

Website Website/app e Forms

Our Site or app may offer visitors contact forms to request additional details and to download collateral. If you fill out one of our web forms, we may ask you for information such as your name and email address so we can respond to your questions and comments. If you choose to correspond with us via web forms, we may retain the form data which can include name, email address and other contact related details.

Support Community Q&A Posts:

Our Site or app may contain self-reported demographics. If you choose to correspond with us and the community, we may retain the data which could include name, email address and other contact related details.

Third Parties who may receive personal data (Onward Transfer)

Drivers United may employ and contract with third-party service providers and other entities to assist in providing our services to customers by performing certain tasks on our behalf. These third-party providers may offer customer support, data storage services (data centers),or technical operations. Drivers United maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance. These third parties may access, process, or store personal data in the course of providing their services. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Your Ability to Choose How Your Data Is To Be Used

You may “opt in” and/or “opt out” of certain uses of your Personal Information. For details on how you can exercise your choices please refer to the “Your opt/in opt/out choices” section of this privacy policy.

Children’s Online Privacy Protection Act (COPPA)

Drivers United complies with the requirements of the Children's Online Privacy Protection Act (“COPPA”). We do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older. If we learn that we have mistakenly collected personal information from a child under age 18, we will delete that information as soon as possible. If you believe that we might have information from or about a child under age 18, please contact us via email at: admin@driversunited.us.

Terms of use

This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Terms of Use. To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, representations and warranties, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use.

Updates to our privacy statement

We may need to change, modify and/or update this Privacy Policy from time to time and we reserve the right to do so without prior notice and at any time. If we do make changes in the way personal information is used or managed, any updates will be posted here, so you should also revisit this Privacy Policy periodically. Your continued use of the Site and any Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.