TErMS AND CONDITIONS OF SERVICE

&

PRIVACY POLICY

Table of Contents

TERMS AND CONDITIONS OF SERVICE. 1

The Service. 2

Payments, Fees and Your Account. 2

Term and Termination.. 3

User Information.. 3

APPS. 4

THIRD-PARTY SERVICES. 5

REPRESENTATIONS AND WARRANTIES. 5

INTELLECTUAL PROPERTY. 7

COMMUNICATIONS. 9

INDEMNIFICATION.. 9

DISCLAIMER OF WARRANTIES. 9

LIMITATION OF LIABILITY. 10

NOTICE. 11

ASSIGNMENT. 11

EXPORT CONTROL. 11

DISPUTE RESOLUTION.. 11

GENERAL. 12

Privacy Policy. 12

Information.. 13

Consent. 13

Disclosures. 13

Third-Party Services. 14

Links. 14

Use of the Service Outside the United States. 14

Analytics. 14

Security. 14

Cookies. 15

Age of Consent. 15

Changes to Privacy Policy. 15

Contact Information.. 15

 

TERMS AND CONDITIONS OF SERVICE

 

 

This Terms and Conditions of Use Agreement (the “Agreement) is a legally binding contact between DRIVEBOSS LLC, whose principal place of business is 651 N BROAD ST STE 205 # 703 MIDDLETOWN DE 19709 (the “Company”) and any user (hereinafter referred to singularly and collectively as “you” or possessively as “your”) accessing, viewing or using Company’s software applications, systems, methods and platforms (the Service”).

 

Please read this Agreement carefully before accessing or using the Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any part of the Service. By using the Service, you expressly agree to be bound by this Agreement. Company is willing to license the Service to you for your use only upon the condition that you accept all the terms contained herein.

 

Your access to or use of the Service indicates that you have read, understood and consented to this Agreement and accept all of its associated terms. If you do not accept all of those conditions, Company is unwilling to license the Service for your use

 

The Service

 

Company provides software that control and manage vehicles through interface with the DRIVEBOSS © app on mobile device of the driver who transport customers to/ from healthcare facilities. In addition, DRIVEBOSS © server software module allows managers to auto (or manually) route, assign, control and manage trip assignments, perform billing submission and reconciliation.

 

Payments, Fees and Your Account

 

Not all of Company’s services are available in all subscriptions and you may be required to upgrade your subscription in order to use a particular feature. In order to fully access and use the Service, you must first create a verified account and select an applicable subscription. The technical aspects of the Service you may access are defined and controlled by the features and limits available in your selected subsection, including without limitation, number of users, data, metric and transfer limitations. Exceeding such limitations may result in your account being limited or restricted unless and until your subscription is upgraded. Company reserves the right to change its service fees and charges for any respective subscription at any time.

 

All payments will be facilitated either directly via Company’s payment processing system Company’s third-party payment processing service or an associated payment processor. Company may seek authorization of your credit card to validate your ability to pay any applicable charges prior to any purchase. If Company seeks such authorization, please note that the authorization is not a charge but may reduce your available credit by the authorization amount until your bank's next processing cycle.

 

It is your responsibility to determine what taxes, if any, apply to your use of the Service and it is your responsibility to collect, report and remit the correct amounts of tax to the appropriate tax authority, if applicable. Company is not responsible for determining whether taxes apply to your use of the Service or for collecting, reporting or remitting any taxes or any information related thereto arising out of or resulting from your use of the Service.

 

If a payment is subject to payment investigation by Company or a chargeback by the issuing bank, a hold will be placed on the payment and the account will be limited until such investigation or chargeback is resolved.

 

Company uses industry standard methods to protect the security of your user account and associated data from unauthorized access, use or disclosure. Notwithstanding the foregoing, however, Company cannot fully defend against all potential security risks. Accordingly, Company hereby disclaims, to the fullest extent of applicable law, any liability for unauthorized access, use or disclosure of your user account and assorted data.

 

You agree to Company’s collection, use, distribution, transmission, storage and retrieval of certain information concerning your use of the Service, including without limitation, technical, diagnostic or service level information that Company engineers and technicians may use to improve, enhance and upgrade the Service.

 

Term and Termination

 

This Agreement is effective immediately upon your access to or use of the Service for new users and upon the publishing date of any subsequent modifications, revisions or amendments for all current users. You may terminate your use of the Service at any time and for any reason upon our receipt of your notice of termination. Company may terminate your use of the Service without explanation. In such event, if you would like for Company to delete your account and all information contained therein, you must provide notice to Company via email requesting that your account be cancelled and that all information contained therein be deleted. Upon receiving such request, Company will use commercially reasonable efforts to delete your information. Notwithstanding the foregoing, however, please note that your information may be retained on Company backup systems for some time. Company may, at any time, terminate provision of the Service, or any portion thereof, in its entirety, temporarily or permanently, at its sole discretion to any or all users, authorized or unauthorized.

 

User Information

 

You may provide certain information to or via the Service, including information you use to register and create an account (collectively “User Information”). User Information will be stored on Company’s servers. You consent to such storage and Company’s use of User Information to create an account that will allow you to use the Service. You are solely responsible for User Information and hereby expressly acknowledge and agree that Company acts only as a passive conduit for such data. When you use the Service, you agree to provide accurate, current and complete information and to maintain and keep it accurate, current and complete at all times. You agree that Company and third-parties may rely on User Information as accurate, current and complete. You acknowledge that if any information supplied by you is untrue, inaccurate, not current or incomplete in any respect, Company has the right to immediately terminate this Agreement and your use of the Service.

 

Upon termination, Company will remove all User Information from Company servers, though Company may retain an archived copy of records as required by applicable law or for legitimate business purposes. Company retains the right, in its sole and absolute discretion, to bar your use of the Service in the future for any or no reason. Following any such termination, this Agreement will remain in effect and any portions that, by their nature, survive termination, will survive and remain in full force and effect.

 

Company may examine any User Information prior to, during or following receipt and, in its sole and absolute discretion, elect to prevent, cease or reject transmission of inappropriate or otherwise inadequate or erroneous data. Company does not guarantee that any User Information will be successfully transmitted to or received by Company. User Information or any other information or data you transmit or distribute via the Service does not reflect the views of Company and Company does not warrant the validity, reliability, accuracy, legality, suitability or current nature thereof.

 

APPS

 

The following applies to any application accessed through or downloaded via the Apple App Store (the App Store Sourced Application”):

 

You acknowledge and agree that this Agreement is concluded between your and Company only and not Apple and Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

 

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, your may notify Apple which may, in its sole discretion, refund the purchase price for the App Store Sourced Application and, to the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, 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.

 

You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to product liability claims, any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection legislation.

 

You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third-party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required hereunder.

 

You and Company acknowledge and agree that Apple and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license to use the App Store Sourced Application and that, upon your acceptance of the terms and conditions hereof, Apple will have the right and will be deemed to have accepted the right, to enforce this Agreement as related to your license to use the App Store Sourced Application against you as a third-party beneficiary.

 

Without limiting any other terms herein, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

The following applies to any application accessed through or downloaded via the Google Play Store (the Google Play Sourced Application”):

 

You must be thirteen (13) years of age or older. If you are between thirteen (13) and eighteen (18) years of age, you must have your parent or legal guardian’s permission to use the Google Play Sourced Application. You must not access the Google Play Sourced Application if you are a person who is barred or otherwise legally prohibited from receiving or using the Google Play Sourced Application under the laws of the country in which you reside or from which you access such application.

 

You will need a Google Wallet account to purchase the Google Play Sourced Application. The Google Wallet Terms of Service and Privacy Notice apply whenever you want to purchase a Google Play Sourced Application.

 

Google Play Sourced Applications may require you to transact with the Google Play Sourced Application provider directly.

 

THIRD-PARTY SERVICES

 

As part of the functionality of the current or future versions of the Service, you may be able use certain third-party services (each a “Third-Party Service” and, collectively, the “Third-Party Services”). Unless otherwise specified herein, any content you provide to or store with any Third-Party Service is beyond the control of Company and Company cannot and will not be liable for any use of User Information you submit to any Third-Party Service.

 

YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE IS GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH THIRD-PARTY SERVICE.

 

Company makes no effort to review any content that you have provided to any Third-Party Service or the contractual agreement you execute with any Third-Party Service for any purpose, including without limitation, accuracy, legality or non-infringement. Company is not responsible in any way for your interaction with any third-party or Third-Party Service.

 

REPRESENTATIONS AND WARRANTIES

 

By using the Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and must not use the Service. Without limitation of the foregoing, the Service are not available to persons under eighteen (18) years of age. By using the Service, you represent and warrant that you are at least eighteen (18) years old. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and will abide by its terms and conditions. Your participation in using the Service is for your sole personal use. You may not authorize others to use your account and may not assign or otherwise transfer your account to any third-party. You agree to comply with all applicable laws governing your use of the Service in your jurisdiction.

 

You may only access the Service using authorized means. It is your responsibility to check to ensure that you have adequate access to the Internet and the capacity to use the Service. If applicable, it is your responsibility to ensure that you have downloaded the applicable version of any applications necessary for use of the Service. Company is not liable if you do not have compatible connections, devices or applications or if you have downloaded incorrect or erroneous versions of any software containing viruses or other harmful data or instructions. Company reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized connection, device or application.

 

By using the Service, you agree that you will not:

 

1.             use the Service for any unlawful purpose;

 

2.             use the Service for sending or storing any unlawful material or for fraudulent purposes;

 

3.             use the Service to cause nuisance, annoyance or inconvenience;

 

4.             impair the proper operation of any network;

 

5.             damage or attempt to damage the Service, Company or any third-party in any way;

 

6.             copy or distribute the Service without written permission from Company;

 

7.             use the Service for any use except your own and will not resell or attempt to resell any part of the Service to any third-party;

 

8.             provide false or misleading information to Company and will provide whatever proof or evidence of identity Company may reasonably request;

 

9.             use any Wi-Fi access point or mobile data account without authorization to do so;

 

10.          imply or state, directly or indirectly, that you are affiliated with or endorsed by Company without express written permission;

 

11.          use the Service to impersonate another person;

 

12.          send messages using the Service which do not correctly identify the sender and will not alter the attribution of origin in email messages or postings;

 

13.          transmit content, nor a link to any content, that is pornographic, sexually explicit, obscene or violent;

 

14.          breach this Agreement, the card processing Agreement or any other Agreement you have entered into with Company or any third-party;

 

15.          violate any law, statute, ordinance or regulation, including without limitation, those governing safety, regulatory, health, medical, financial or data handling services, consumer protection, unfair competition, anti-discrimination or false advertising

 

16.          act in a manner that is defamatory, libelous, threatening or harassing;

 

17.          create more than one user account, nor use a name that is not yours or any temporary email address or phone number or other false information;

 

18.          send or receive what Company reasonably believes to be fraudulent or potentially fraudulent funds;

 

19.          use an anonymizing proxy, VPN, DNS geo-location mechanism or other service or system that masks your identity or location;

 

20.          control or possess more than one account without authorization from Company; nor

 

21.          conduct your business or use the Service in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability to Company, other users, a third-party or you.

 

INTELLECTUAL PROPERTY

 

The Company owns and retains ownership in the Service and all intellectual property rights associated therewith or contained therein. Contingent on your compliance with the terms and conditions hereof, Company grants you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Service on any device that you own or control, subject to the terms and conditions of this Agreement and, if applicable, as permitted by the Usage Rules set forth in Section 9(b) of the Apple App Store Terms and Conditions (the “Usage Rules”). No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted herein. The terms of the license granted herein will govern any upgrades provided by Company that replace or supplement the Service, unless such upgrade is accompanied by a separate license in which case the terms of such specifically included license will govern.

 

You will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Service in any way; modify or make derivative works based upon the Service; create Internet "links" to the Service or "frame" or "mirror" any part thereof on any other server or wireless or Internet-based device; use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service; reverse engineer or access the Service in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Service; copy ideas, features, functions or graphics of the Service or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms or any program which may make multiple server requests per second or unduly burdens the operation or performance of the Service. Any attempt to do any of the foregoing is a violation of Company’s rights. In such event, you may be subject to prosecution and/or civil damages.

 

You will not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Service or the data contained therein; or attempt to gain unauthorized access to the Service or its systems or networks.

 

Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting your who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service or to review or edit any User Information or any other data or information you transmit or submit to the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without notice, to remove or disable access to any information that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.

 

By transmitting or submitting User Information or any other data or information to the Service, you thereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content on, through or by means of the Service. Company does not claim any ownership rights in any such content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any portion thereof.

 

You acknowledge and agree that you are solely responsible for all content that you make available through the Service. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all such content or have all rights, licenses, consents and releases necessary to grant a license to Company to use such content and that neither such content nor your posting, uploading, publication, submission or transmittal of such content nor Company’s use thereof on, through or by means of the Service will infringe, misappropriate or violate any third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

 

Company respects copyright law and expects you to do the same. It is Company’s policy to terminate, in any appropriate circumstances, user accounts that infringe or are believed to be infringing the rights of copyright holders.

 

Company and its licensors where applicable, reserve the rights to and own all right, title and interest, including all related intellectual property rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Application or the Service or any intellectual property rights owned by Company. The Company name, Company logo and the product names associated with the Application and Service are trademarks of Company or third-parties and no right or license is granted to use them.

 

COMMUNICATIONS

 

Email communications and text messages sent from Company are designed to make your experience more efficient. By accepting the terms of this Agreement, you specifically consent to receive email communications and text messages initiated from Company, including without limitation, notification messages, messages informing you about potential services or promotions and messages informing you of new and existing features. Standard text messaging charges applied by your mobile phone carrier will apply to text messages we send, if any. If you change your mobile phone carrier, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. Company reserves the right to cancel the notification service at any time.

 

 

INDEMNIFICATION

 

You will defend, indemnify and hold Company and its officers, directors, employees, agents and any third-parties harmless for any losses, costs, liabilities and expenses, including reasonable attorney fees, relating to or arising out of your use of the Service, including without limitation, your breach of this Agreement or the documents it incorporates by reference; your violation of any law or the rights of any third-party; any allegation that any materials that you submit to Company or transmit via the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; and any other activities in connection with your use of the Service. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person, Company or any third-party with whom Company does business.

 

DISCLAIMER OF WARRANTIES

 

COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE WILL MEET USER REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET USER REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED OR (F) THE SERVICE, EQUIPMENT OR SERVER THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY. COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD-PARTIES THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU TO THE EXTENT PERMITTED BY LAW.

 

THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL COMPANY AND ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. COMPANY AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY THE USER, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE SERVICE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SERVICE, ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY SERVICE, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE, EVEN IF COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

COMPANY MAY INTRODUCE THE USER TO THIRD-PARTY SERVICES FOR PURPOSES OF PROVIDING ACCESS TO THE SERVICES PROVIDED BY THE THIRD-PARTY SERVICE. COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY SERVICE AND YOU EXPRESSLY WAIVE AND RELEASE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE. YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY SERVICE. COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND A THIRD-PARTY SERVICE. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE, WITH ALL ASSOCIATED IMPLICATIONS, REST SOLELY WITH YOU. COMPANY WILL NOT ASSESS THE LEGALITY, LIABILITY OR ABILITY OF ANY THIRD-PARTIES AS A RESULT OF ANY NEGLIGENCE, CLAIMED OR OTHERWISE NOR ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTIES TO PAY ANY DAMAGES RESULTING THEREFROM AND YOU EXPRESSLY WAIVE AND RELEASE COMPANY FROM ALL LIABILITY, CLAIMS, CAUSES OF ACTION OR DAMAGES ARISING OUT OF OR RESULTING FROM THE USE OF THE SERVICE OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICES INTRODUCED TO YOU BY COMPANY. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR COUNTRY), WHICH READS AS FOLLOWS: “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.”

 

QUALITY OF SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY SERVICE WHO ULTIMATELY PROVIDES SUCH SERVICE. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOU OWN RISK.

 

NOTICE

 

Company may give notice by means of a general notice via the Service, email to your email address on record with Company or by written communication sent by mail or pre-paid post to your address on record with Company.

 

ASSIGNMENT

 

This Agreement may not be assigned by you but may be assigned without your consent by Company to a parent or subsidiary, an acquirer of assets or a successor by merger. Any purported assignment in violation of this section will be void.

 

EXPORT CONTROL

 

You agree to comply fully with all applicable export laws and regulations to ensure that neither the Service nor any technical data related thereto or product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. By using the Service, you represent and warrant that you are not located in a country that is subject to government embargo or that has been designated by any government as a terrorist supporting” country and are not listed on any government list of prohibited or restricted parties.

 

DISPUTE RESOLUTION

 

You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as specifically provided in the preceding sentence, this section will survive termination hereof.

 

Unless you and Company otherwise agree, the arbitration will be conducted in the county where Company is located solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. The arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award damages must be consistent with the terms and conditions hereof regarding the type and amount of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Any party that prevails in arbitration will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law.

 

GENERAL

 

No joint venture, partnership, employment or agency relationship exists between you, Company or any third-party as a result of you consent to this Agreement or your use of the Service. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent according to applicable law. The failure of Company to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. Company will not be liable for any delay or failure in its performance or any damages suffered by you by reason of such delay or failure, directly or indirectly caused by or in any manner arising from or relating to natural acts or events beyond Company’s control. This Agreement comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. The laws of the State of New Jersey will govern this Agreement and any dispute arising thereunder will be adjudicated in the courts therein.

 

Effective Date: Tuesday, September 1st, 2020.

 

Privacy Policy

 

This document is the Privacy Policy governing your use of the DRIVEBOSS LLC Service and any associated server, desktop or mobile application, product or service including without limitation, services owned or controlled by Company or third-party merchants, licensors, payment processors, content or service providers (collectively, the “Service”). This Privacy Policy is an attachment to the Terms and Conditions of Use Agreement (the “Agreement) entered into by and between DRIVEBOSS LLC, whose principal office is located at 651 N BROAD ST STE 205 # 703 MIDDLETOWN DE 19709 (the “Company”) and any user, authorized or unauthorized (hereinafter referred to singularly and collectively as “you” or “your”), accessing, viewing or using the Service. Please review the following carefully so that you understand Company’s privacy practices.

 

This Privacy Policy was last changed on Tuesday, September 1st, 2020.

 

Information

 

For what purpose do you use and process my information?

 

When you use the Service, Company's systems and administrators may process technical data such as your IP address, device location data, device date and time,  server information, usage metrics, scheduling information, fleet availability and accessibility and quantity, your previous activities and the duration of a session to enable us to deliver and enhance the functionalities of the Service.

 
As part of your agreement with your respective Broker we are required to collect and share with your respective Broker your   location data, including (1) the precise geolocation of your device if you consent to the collection of this data and (2) information about nearby Wi-Fi access points and cell towers that may be transmitted to us when you use certain Services. In order for us to maintain this level of service on a continued basis we will collect the the above mentioned location data in the background, thus ensuring ininterrupted transmission to your broker while you use other functions like phone for example.  


Company may also use cookies. When you use the Service, Company processes technical data such as your IP address, Device ID or MAC address, and information about the manufacturer, model and operating system of your device. Company uses this data to enable it to deliver the functionalities of the Service, resolve technical difficulties, provide you with the correct and most up to date version of the Service and to improve the function of the Service.

 

You may choose not to receive commercial emails from Company by following instructions contained in any email or communication sent to you by Company or by adjusting your email preferences. Please note that even if you unsubscribe from email messages, Company may still email you non-commercial emails related to your use of the Service.

 

Consent

 

How do you get my consent?

 

When you provide Company with personal information to complete a transaction or verify your credit card, you implicitly consent to Company's collection of your information and the ability to use it to provide the Service to you.

 

If Company asks for your personal information for a secondary reason, Company will ask you directly for your express consent.

 

How do I withdraw my consent?

 

After you either implicitly or expressly consent, you may withdraw your consent at anytime by contacting Company via email or the support system provided via the Service.

 

 

 

Disclosures

 

Company may use third-parties to facilitate or provide the Service on Company's behalf, process payments, provide customer support, perform Service related services or assist in analyzing how the Service is used. Such third-parties have access to your personal information only to perform these specific tasks and are contractually bound to not disclose or use it for any other purpose. Company will disclose your personal data to the extent that this is legally required or necessary for the establishment, exercise or defense of legal claims and legal process, in the event of an emergency pertaining to your health or safety or if you violate Company's Terms and Conditions of Service or Privacy Policy.

 

Pursuant to Section 1798.83 of the California Civil Code, residents of California may obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third-parties during the proceeding calendar year. The law provides that companies must inform consumers about the categories of personal information that have been shared with third-parties, the names and addresses of those third-parties and examples of the types of services or products marketed by those third-parties. To request a copy of the information disclosure provided by Company pursuant to Section 1798.83 of the California Civil Code, please contact us via email or the support system provided via the Service.

 

Third-Party Services

 

In general, third-party providers used by Company will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you.

 

However, merchants and other third-party providers, such as payment processors, may have their own privacy policies in respect to the information you are required to provide to them. Company recommends that you read any such third-party privacy policies so you can understand the manner in which your personal information will be handled by those providers.

 

In particular, please note that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or Company. In the event you proceed with a transaction that involves a third-party provider, then your information may become subject to the laws of the jurisdiction in which that third-party provider or its facilities are located.

 

Once you leave the Service or are redirected to a third-party, you are no longer governed by this Privacy Policy or Company's Terms and Conditions of Service Agreement. All such use is governed by the respective third-party.

 

Links

 

When you click on links contained within the Service, they may direct you away from the Service. Company is not responsible for the privacy practices of third-parties and Company urges you to read the privacy statements of such providers or vendors to determine whether to continue accessing the third-party service.

 

Use of the Service Outside the United States

 

If you live outside the United States, any information you provide to the Service will be handled in accordance with this Privacy Policy. By using the Service, you are transferring information to the United States for processing and consent to such use. You are solely responsible for compliance with any data or privacy obligations in your jurisdiction. Your information will never be treated with a degree of care less than that stated herein.

 

Analytics

 

Company may use analytics to help learn about visits to the Service and what pages are being viewed. The specific processing of analytics is subject to the analytics provider’s Privacy Policy.

 

Security

 

Company has taken appropriate technical and organizational security measures against loss or unlawful processing of personal information. If your personal data are securely stored within Company's database, Company will use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) as well as physical safeguards of the locations where data are stored.

 

However, as effective as encryption technology is, no security system is impenetrable. Company cannot guarantee the security of Company's database, nor can Company guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Any transmission of information by you via the Service is at your own risk.

 

Although no method of transmission over the Internet or electronic storage is one-hundred percent (100%) secure, Company follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

Cookies

 

The Service may use cookies. A cookie is a small text file placed on your computer or mobile device to enable various features of the Service. You can change your cookie settings to accept or not accept cookies in your browser settings.

 

Age of Consent

 

Company care about the safety of children. Because the Service is not directed towards children under the age of consent, they are not allowed to use the Service or provide personal data. Company do not knowingly collect personal information from anyone under the age of consent. If Company discovers that Company has collected personal information from such a person, Company will delete that information immediately from Company's servers. By using the Service, you represent that you are at least the age of consent in your state or province of residence.

 

Changes to Privacy Policy

 

Company may update this Privacy Policy to reflect changes to information practices. If material changes are made, they will take effect immediately upon their publication on the Service. Company encourages you to periodically review this page for the latest information.

 

If material changes to this policy are made, Company will notify you that such changes have been made so that you are aware of what information is collected, how it is used, and under what circumstances, if any, it is used or disclosed.

 

In the event Company is acquired by or merged with another company, your information may be transferred to the acquiring or new entity so that you may still use the Services.

 

Contact Information

 

If you would like to access, correct, amend or delete any personal information Company have about you, register a complaint, or simply want more information, please contact Company.