Terms & Conditions

This page states the "Terms and Conditions" under which you may use the services and websites of Safe Driving Institute, Inc. (www.safedrivinginstitute.com and www.unsafedriver.com).

Please read following document carefully and if you do not accept the Terms and Conditions that are stated here, do not use this web site and service.

By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions as set forth by Safe Driving Institute, Inc. (the "Company").

The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

The terms "You" and "Member" and "Subscriber" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Privacy Statement

SDI respects and protects the privacy of its SUBSCRIBERS. SDI will not sell, trade, or otherwise release a sibscriber's personal information, including their password, email address, home address, name, business name, business address, or phone number, except as required by state or federal law, without the subscriber's express consent.

Confidentiality Statement

Driving Reports made against vehicles registered to SDI subscribers will only be released to those particular subscribers unless specifically authorized for release to a third party by the subscriber. In an attempt to foster safe driving on the part of our subscribers, if a vehicle registered to an SDI subscriber receives an excessive number of unsafe driving reports within a twelve month period, e.g., more than five complaints, the specific vehicle reports will become subject to release. In such a case, membership fee's will be forfeited.

Vehicle Registration

A subscriber may register only those vehicles in which the subscriber maintains ownership, lien, access, or control. Violators of this policy are subject to membership termination and forfeiture of membership fees at the discretion of SDI. Should a dispute arise between two subscribers regarding the authority to register a particular license plate, SDI reserves the right to request proof of ownership. SDI may suspend subscriber monitoring of the vehicle license plate pending satisfactory resolution of the disputed vehicle plate.

Use of Content

The Company authorizes you to view and enter bad driving complaints. The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other features (hereinafter, "Content") are protected under both United States and foreign copyright, trademark and other laws. All Content is the property of the Company or its content suppliers or clients. The collection, arrangement and assembly of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company's copyright.

Acceptable Site Use

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner that conflicts with their contract with the company.

Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, or uploading a file with a virus (including but not limited to a resume), overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

The Web Site may be used only for lawful purposes by individuals who wish to file complaints about bad driving. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: (a) posting any incomplete, false or inaccurate information. The information you post must be yours not someone else's. To reiterate, the information must be accurate; (b) deleting, changing, revising, or otherwise tampering with any Content posted by any other person or entity. Tampering, includes but is not limited to, changing or copying Content posted by another person or entity for some deceptive and/or illegal purpose; (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this site; (d) taking any action which imposes an unreasonable or disproportionately large load on this web site's infrastructure; (e) attempting to decipher, decompile, alter, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web site; (f) allowing access to a non-public area of this web site, disclosing to or sharing your password with any third parties or using your password for any unauthorized or illegal purpose; (g) posting Content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, destroy, change, surreptitiously intercept or expropriate any system, data or information.

User Information

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address and other profile information. In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. The Company will not disclose to any third party your name, password, home address, business address, business name, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is required. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration profile and at any time thereafter; such offers may be made by the Company or by third parties.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by any user or stand behind or endorse any opinions expressed by users whether employers or employees. You acknowledge that any reliance on Content posted by other users will be at your own risk.

The Company merely acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring information posted.

If notified by a user of communications which allegedly do not conform to these Terms and Conditions for Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions for Use or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

Subscription, Registration and Password

You are responsible for maintaining the confidentiality of your personal information and your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company both by email and by telephone of any unauthorized use of your registration or password.

Termination of Users and Account Holders Who Violate these Terms and Conditions

The Company will terminate the accounts of any subscriber, and block access to our web site of any users or subscribers, who violate the Terms and Conditions herein. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

The Company's Liability

The company's web sites are only a venue to allow complainants to post bad driving traffic reports and observations. The Company does not individually screen or censor these reports. The Company is not involved in the actual transaction between complainants and the parties that are the subject of the complaint. As a result, the Company has no control over the quality, safety or legality of posted complaints, nor the truth or accuracy of the complaint. The Company as noted in the rest of the Terms and Conditions, encourages honesty, accuracy and good conduct in usage of this site, however, you, the user, the member, the subscriber assume all risks associated with the receipt of information that may be inaccurate or untruthful.

Because user authentication on the Internet is difficult, The Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Company's web site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, 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 Contently affected his settlement with the debtor."

The Company is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the web site. By its very nature, other user's information may be offensive, harmful, discriminatory, or inaccurate, and in some cases will be mislabeled or deceptively advertised or labeled. We fully expect that you will use caution and common sense when using this web site.

The information submitted may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of complain reports posted to the Web site. The use of the Web Site and the Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Changes will also be made to the Terms and Conditions and the Privacy Policy and should be reviewed periodically.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU SHOULD MAINTAIN YOUR OWN VIRUS DETECTION SOFTWARE AND KEEP IT UPDATED. IF YOUR USE OF THE WEB SITE OR THE Content RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OR BUSINESS INTERRUPTION, OR MAN HOURS FOR GETTING YOUR SYSTEM OPERATIONAL AGAIN, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Content, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE Content, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of Contents on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of the web site.

Limitation of Liability

The aggregate liability for the Company to you for all claims arising from the use of the web sites and services is limited to $100.

Termination

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of any complaint reports from this web site and immediate termination of your registration with or ability to access the web site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the web site registration with or ability to access the web site.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING OR OTHER EXPERT WITNESS FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE Content OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

General

The Company makes no claims that the web site content may be lawfully viewed or downloaded outside of the United States. Access to the content of the web site may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Phoenix, Arizona. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site a particular "Legal Notice," or Software License or Content on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.