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Terms & Conditions
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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).
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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.
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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").
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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.
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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.
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| Privacy Statement
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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.
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| Confidentiality Statement
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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.
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Vehicle Registration
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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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| Indemnity
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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.
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| 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.
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