Review Drivers
Policies
Your privacy is important to us.
Application “Review Drivers” is committed to protecting and respecting your privacy. This Privacy Statement for “Review Drivers” describes how we, WelcomeAppsCorp and respective affiliates ("Be", "we", "our", or "us"), collect, use, and share information, when you download this software application (“Application”) to the authorized Apple or Android smartphone (“Device”) that you own or are authorized to use, and when you use the services available through the application.
This Privacy Policy explains our practices regarding the collection, use, disclosure, transfer, storage, and protection of personal information that is collected through our service, as well as your choices regarding the collection and use of information.
Before accessing or using our Service, please ensure that you have read and understood how we collect, store, use and disclose your personal information as described in the part of this Privacy Policy that is relevant to you.
We may collect the following information:
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include:
- Email address (No one will be able to see your email address other than us)
- First name and last name (No one will be able to see your name other than us)
- Address, State, Province, ZIP/Postal code, City (No one will be able to see your address other than us)
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. We may communicate with you via email. Some of these messages may be personalized to you based on your browsing history on our websites. You may opt out of any future communications from us at any time.
The collection, storage and use of sensitive data carries special obligations and responsibilities in order to maintain the data’s security, integrity and privacy. Sensitive data will not be rented or made available for external distribution.
Our Service is available in many countries, which may have different standards and requirements in respect of the information we provide in the Privacy Policy and how we use personal information.
This Privacy Policy is therefore made up of two parts:
Part 1 sets out information applicable to users outside the European Economic Area, Switzerland or the UK;
Part 2 sets out information applicable to users in the European Economic Area, Switzerland or the UK.
If you are a resident of the State of California in the United States, Please see “YOUR CALIFORNIA PRIVACY RIGHTS” below to learn more for additional California-specific privacy information.
Part I – Privacy Policy for non-EEA users
This Part 1 of our Privacy Policy explains how we collect, use, disclose and protect information that is collected through our Service from users outside the European Economic Area, Switzerland or the UK, as well as your choices regarding the collection and use of information.
1. HOW WE COLLECT AND USE INFORMATION
Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use.
We collect the following types of information about you:
Registration and Profile Information. When you create an account, we may collect your personal information such as your username, first and last name, email address.
Geolocation. We collect your location information through your GPS coordinates (e.g., latitude/longitude) available through your mobile device only when you report someone. We collect and maintain data to provide you the features and functionality of the service. We may also share information with our partners for tailored advertising, attribution, analytics, research and other purposes, as described in Section 2 “Sharing of Your Information” below. If you want to opt-out of the collection of your data, please adjust your settings in your mobile device to limit the app’s access to your data. Please see “Your Choices About Your Information” below to learn more.
Messages and User Content. We may retain any messages you send to us.
We use this information to operate, maintain, and provide to you the features and functionality of the service.
Social Media. When you interact with our site through various social media, such as when you Like us on Facebook or post a comment to our Facebook page, we may receive information from the social Media such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social media to share with third parties. The data we receive is dependent upon your privacy settings with the social media. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to WelcomeAppsCorp’s website or service.
We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the services. You can learn more about Google’s practices at policies.google.com and view its currently available opt-out options at Google Analytics Opt-out.
We use this information to (I) remember information so that you will not have to re-enter it during your visit or the next time you visit the service; (II) provide custom, personalized content and information, including targeted content and advertising; (III) track your location only when you report someone; (IV) provide and monitor the effectiveness of our service and our marketing campaigns; (V) monitor aggregate metrics such as total number of visitors, users and traffic; (VI) diagnose or fix technology problems reported by our Users or engineers; (VII) detect or prevent fraud or other harmful activities; (VIII) automatically update our mobile application on your system and related devices; and (IX) otherwise plan for and enhance our Service.If you prefer not to accept cookies, most browsers will allow you to: (I) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (II) disable existing cookies; or (III) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the service, as some features and services on our service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. These browser settings that block cookies may have no effect on non-cookie technologies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Although we do our best to honor the privacy preferences of our users.
We and our third party partners may also use information collected for advertising purposes. Please see below to learn more.
2. HOW WE PROTECT YOUR INFORMATION
Our team cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
3. SHARING OF YOUR INFORMATION
Personal Information: We don’t share your personal information with other organizations for their own marketing or promotional uses. We don’t t share any personally identifying information publicly or with third-parties, except when required to by law.
“Review Drivers” may make both personal and non-personal information available to subsidiaries and affiliated companies that are under common ownership or control within the “Review Drivers” family.
We may disclose personal information to third parties (including law enforcement, other government entity, or civil litigant; excluding our subcontractors) just when required to do so by law or subpoena or if in our sole discretion, we determine it is necessary to (I) conform to the law, comply with legal process, or investigate, prevent, or take action regarding suspected or actual illegal activities; (II) to enforce our Terms of Use take precautions against liability, to investigate and defend ourselves against any claims or allegations, or to protect the security or integrity of our site; and/or (III) to exercise or protect the rights, property, or personal safety of “Review Drivers”, our users or others.
Any information or content that you voluntarily post to the website or to our Social Media pages will automatically be available to the public. We may publicly post your reviews and comments online on our website or mobile app or link your reviews to third party websites.WelcomeAppsCorp and “Review Drivers” is a USA-based organization and we store your personal information in the USA, which may be outside your jurisdiction of residence. Our partners and service providers may also store your personal information outside your jurisdiction of residence. Accordingly, your personal information will be accessible to law enforcement and/or regulatory authorities according to the applicable laws of such jurisdictions.
You are free to refuse our request for your personal information. Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us. ReviewDrivers@WelcomeApps.Net
4. YOUR CHOICES ABOUT YOUR INFORMATIONClose Your Account or Delete Personal Information:
We retain your information for as long as your account is active or as reasonably necessary to maintain the service, meet legal and accounting obligations, and for the other purposes described in this Privacy Policy. If you wish to close your account, and/or request to delete your personal information, please contact us at ReviewDrivers@WelcomeApps.Net
When account information is deleted or de-identified, certain residual information may remain within our archive records, such as for customer and technical support.
You may be able to turn off device location data collection through your mobile device settings. For example, depending on your mobile device, you may be able to “Turn location services off,” which restricts access to your device location data. You can also adjust your device settings to withdraw permission for the “Review Drivers” app to access device location data and you can also adjust your device settings to limit the app’s access to WiFi and Bluetooth information. Please note that your “Review Drivers” App may not be able to provide all of our services to you if you disable access to location data through your device settings.
Modifying Your Account Information and Settings: You may modify your account information, update or amend your personal information, or change your password at any time by logging in to your account. If you have any questions about reviewing or modifying your account information, you can contact us directly at ReviewDrivers@WelcomeApps.Net
5. LINKS TO OTHER WEB SITES AND SERVICES
We are not responsible for the practices employed by websites or services linked to or from the service, nor the information or content contained therein. Please remember that when you use a link to go from the service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. Please read over those rules and policies before proceeding.
6. CHANGES TO OUR PRIVACY POLICY
“Review Drivers” may, in its sole discretion, modify or update this Privacy Policy from time to time, and so you should review this page periodically. If we change the policy, we will update the “last modified” date at this page. If there are material changes to this Privacy Policy we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.
7. CHILDREN'S PRIVACY POLICY
“Review Drivers” takes special precaution to protect the privacy of our younger users. “Review Drivers” does not knowingly collect personal information from children under the age of 13 (a “child”) without verifiable consent of a parent or guardian and the service is intended to be used by children under 13 only with significant parental involvement and approval.
If “Review Drivers” learns that we have inadvertently collected personal information of a child without parental consent, we will take appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has a registered account with our service without your consent, please alert us immediately by emailing ReviewDrivers@WelcomeApps.Net
so that we may delete that child’s personal information from our systems.
By enabling your child to create a user account and permitting your child to use the service, you expressly agree to the practices described in this Children's Privacy Policy and you consent to the collection, use, and disclosure of your child's personal information as described above.
Contact Us. The Parent has a right to request to review or have deleted the child’s personal information and may withdraw consent for the service to collect any further personal information from the child. Please contact us at ReviewDrivers@WelcomeApps.Net to request to review and/or delete any personal information we have collected from the child.
8. YOUR CALIFORNIA PRIVACY RIGHTSThis section applies to you if you are a resident of the state of California (a “consumer”). California law requires us to disclose certain information regarding the categories of personal information we collect. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with an identifiable consumer or device.
Collection and use of personal information. We collect personal information from and about you for a variety of purposes explained in this Privacy Policy
-Identifiers, such as your name, email address, or other similar identifiers.
-Geolocation data, such as precise location data from your mobile device (e.g., GPS coordinates) only when you report someone.
We collect this information directly from you, from our business partners, from your browser or device when you visit our websites, download or use our mobile app, and from third parties that you permit to share information with us.
Disclosure of Personal Information. The categories of third parties to whom we disclose your personal information may include;Our service providers and advisors, third party businesses that provide features or services you may use in connection with our service, marketing and strategic partners, ad networks and advertising partners, analytics providers, and social media.
Your Rights and Choices. As a California resident, you may be able to exercise the following rights (subject to certain limitations under law):
The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity.
The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
The Right to Opt Out of Personal Information Sales to third parties now or in the future.
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
To Submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
To exercise your right to know, request deletion, opt out of App or web-based personal information, you need to submit your request via email by contacting us at ReviewDrivers@WelcomeApps.Net and including your account name and mobile telephone number as well as the consumer right you would like to exercise. We may need to contact you to request additional information to verify your request.
Minors. We also do not sell the personal information of California consumers we know to be less than 16 years of age. If you are under the age of 18 and you want to remove your name or comments from our website or publicly-displayed content, please contact us directly at ReviewDrivers@WelcomeApps.Net
We may not be able to modify or delete your information in all circumstances.9. YOUR NEVADA PRIVACY RIGHTS
Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To exercise your Nevada opt-out rights you may send an email to ReviewDrivers@WelcomeApps.Net with the subject line “Nevada Privacy Rights” and include your account name and mobile telephone number. We may need to contact you to request additional information to verify your request.
10. SECURITYWe use technical, administrative, and physical safeguards designed to protect your information and we require third party service providers to maintain similar safeguards against loss, misuse, and unauthorized access, disclosure, alteration, destruction, or theft of your information.
11. YOUR ACCESS TO AND CONTROL OVER INFORMATION
You can do the following at any time by contacting us at
-Unsubscribe from marketing and sales communications.
-See what data we have about you, if any.
-Change/correct any data we have about you.
-Have us delete any data we have about you.
-Express any concern you have about our use of your data.
12. COOKIES
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site.
We may use cookies to:
-Analyze our web traffic using an analytics package. Aggregated usage data helps us improve the website structure, design, content, and functions.
-Identify whether you are signed into our website. A cookie allows us to check whether you are signed into the site.
-Test content on our website. Some users might see one piece of content, the others a different piece of content.
-Store information about your preferences. The website can then present you with information you will find more relevant and interesting.
-Recognize when you return to our website. We may show your relevant content or provide functionality you used previously.
-Conduct re-marketing or behavioral advertising.
Our conversion and cookie pixel partners:
Google: Privacy Policy
LinkedIn: Privacy Policy
AdRoll: Privacy Policy
Facebook: Privacy Policy
Twitter: Privacy Policy
Microsoft:Privacy Policy
13. HOW TO CONTACT US
If you have any questions about this Privacy Policy or the service, please contact us at ReviewDrivers@WelcomeApps.Net
PART II – PRIVACY POLICY FOR EEA AND SWISS USERS.
This Part 2 of our Privacy Policy sets out how we collect, store, process, transfer, share and use data that identifies or is associated with you ("personal information") when you access our service from the European Economic Area, Switzerland or the UK.
1. PERSONAL INFORMATION WE COLLECT ABOUT YOU
We collect personal information that you voluntarily submit directly to us when you use our service. This can include information you provide to us when you register for an account and user profile, create or edit your user profile on the service, update your preferences, check-in at a particular location, correspond with us by phone, SMS, e-mail or otherwise, or use some other feature of our service.
We also automatically collect personal information indirectly about how you access and use the service and information about the device you use to access the service.
We will indicate to you where the provision of certain personal information is required in order for us to provide you certain features of the service. If you choose not to provide such personal information, we may not be able to provide the service to you or respond to your other requests.
We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalised experience regardless of how you interact with us.
We may de-identify any of the personal information we collect (so that it does not directly identify you) and use it for purposes that include testing our IT systems, research, data analysis, improving our service and developing new products and features.
We will store the personal information we collect about you for no longer than necessary in accordance with our legal obligations and legitimate business interests.
2. YOUR LOCATION
We collect information about your location in order to provide you certain functionalities of the service.
We will collect your location where it is necessary for the purposes of providing you with the location-based services features of the app.
You can turn off location and stop sharing your location with us at any time by updating the settings on your mobile device to limit the app's access to your location information. Please note, however, that we may not be able to provide all of the functionalities of our services to you if you disable access to location data.
If you no longer want to continue using the service, uninstalling the “Review Drivers” app or logging out from the service will also stop us from collecting your location.
3. RECIPIENTS OF PERSONAL INFORMATION
We don’t share your personal information with other organizations for their own marketing or promotional uses.
We don’t t share any personally identifying information publicly or with third-parties, except when required to by law.
We may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include email, fraud prevention, bot detection, web hosting, or providing analytic services
.
Third parties that provide features you use in connection with the services:
With your consent or on your instruction, we share personal information, with third-party partners that provide certain features and services you elect to use through or in connection with our service. Similarly, we may share personal information with third parties that you have connected to your “Review Drivers” account to facilitate the features or services, such as Google if you have enabled the “Review Drivers” Action on any Google Assistant-enabled device. Any information provided to these third parties will be governed by that third party’s own privacy policy.
Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business.
Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (I) comply with the law and the reasonable requests of law enforcement; (II) detect and investigate illegal activities and breaches of agreements, including our Terms of Use; and/or (III) exercise or protect the rights, property, or personal safety of “Review Drivers”, its users or others.
4. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION
Security. We implement appropriate, commercially reasonable technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.
International Transfers of your Personal Information. As we are located in the USA, any information we collect from you will initially be collected and stored in the USA. We will implement appropriate safeguards to ensure that your personal information is treated securely and in accordance with applicable EEA and UK privacy law and this privacy policy. If you wish to enquire further about the safeguards used, please contact us using the details set out at the end of this privacy notice.
In certain situations, we may be also required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
5. USERS' RIGHTS IN RESPECT OF THEIR PERSONAL INFORMATION
In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
You may also review and edit your contact and profile information by logging into your account on the app, and opt out of certain processing activities. Please note that we may not be able to provide some functionalities of our services to you if you opt-out of the collection and/or sharing data.
6. MARKETING MESSAGES AND NOTIFICATIONS
From time to time, we may contact you with information about our products and services. Most of the marketing messages we send will be by email or through push notifications on your device.
Please note that if you do opt-out of or do not grant consent to receiving marketing related messages from us, we may still send you non-marketing messages, such as communications relating to the provision of our service.
7. TARGETED ADVERTISING
We may share information about your use of our services over time, including location information, with third party ad networks, social media companies and other third parties so that they may play or display ads that may be relevant to your interests on our service as well as on other websites, apps or services. We may also display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google+ and others.
Where you have consented to us doing so, we may also share your precise geolocation data with advertising partners. We and our advertising partners use the information we collect about you to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting Youradchoices and downloading the mobile AppChoices app.
8. CONSENT
We are not required to obtain your consent for most of the processing activities that we undertake in respect of your personal information.
If you have provided consent for certain processing of your personal information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our processing of your personal information before your withdrawal.
9. LINKS TO THIRD PARTY SITES
Our service may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
10. SECURITY
We use technical, administrative, and physical safeguards designed to protect your information and we require third party service providers to maintain similar safeguards against loss, misuse, and unauthorized access, disclosure, alteration, destruction, or theft of your information.
11. YOUR ACCESS TO AND CONTROL OVER INFORMATION
You can do the following at any time by contacting us at
-Unsubscribe from marketing and sales communications.
-See what data we have about you, if any.
-Change/correct any data we have about you.
-Have us delete any data we have about you.
-Express any concern you have about our use of your data.
12. OUR POLICY TOWARDS CHILDREN
The service may only be used by children with the consent of a parent or person with parental responsibility over the child.
The age at which children need parental consent varies between EEA Countries. Please refer to “Minimum Ages EEA Countries” to verify the minimum age at which children no longer need consent to use our service (the "Minimum Age").
Minimum Ages EEA Countries
Austria 14
Belgium 13
Bulgaria 14
Croatia 16
Cyprus 14
Czech Republic 15
Denmark 13
Estonia 13
Finland 13
France 15
Germany 16
Greece 15
Hungary 16
Iceland 13
Ireland 16
Italy 14
Latvia 13
Liechtenstein 16
Lithuania 16
Luxembourg 16
Malta 16
Norway 13
Poland 13
Portugal 13
Romania 16
Slovakia 16
Slovenia 15
Spain 13
Sweden 13
Switzerland 16
The Netherlands 16
United Kingdom 13
If you become aware that your child has provided us with personal information without your consent, please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us.
If you would like to review or delete any personal information we have collected from the child, or to withdraw permission for us to collect any information from the child, please contact us at
13. COOKIES
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site.And helps us to provide you with a good experience when you browse our website or access any of our other websites and also allows us to improve our websites.Deleting or blocking cookies may not be effective for all types of technologies.
We may use cookies to:
-Analyze our web traffic using an analytics package. Aggregated usage data helps us improve the website structure, design, content, and functions.
-Identify whether you are signed into our website. A cookie allows us to check whether you are signed into the site.
-Test content on our website. Some users might see one piece of content, the others a different piece of content.
-Store information about your preferences. The website can then present you with information you will find more relevant and interesting.
-Recognize when you return to our website. We may show your relevant content or provide functionality you used previously.
-Conduct re-marketing or behavioral advertising.
Our conversion and cookie pixel partners
:Google: Privacy Policy
LinkedIn: Privacy Policy
AdRoll: Privacy Policy
Facebook: Privacy Policy
Twitter: Privacy Policy
Microsoft:Privacy Policy
14. CONTACT “Review Drivers” AND RECOURSE
European Union, Swiss or UK individuals with inquiries or complaints regarding this Privacy Policy should first contact us at
In the event that you are concerned about how personal information you have provided to “Review Drivers” has been used, please address your inquiry or complaint first to us at the address ReviewDrivers@WelcomeApps.Net. We takes all concerns about privacy and use of personal information very seriously, and shall endeavor to reply to you within 45 days of receiving a complaint.
15. NOTICE TO YOU
We may update this Privacy Policy from time to time and so you should review this page periodically. When we change this privacy policy in a material way, we will update the "last modified" date at the end of this privacy policy. Changes to this privacy policy are effective when they are posted on this page.
If we need to provide you with information about something, whether for legal, marketing or other business related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on our service.
16. CONTACTING US
Please contact
if you have any questions, comments and requests regarding this Privacy Policy
LAST UPDATE: April 03 2023, 10:55 am PST
Welcome to “Review Drivers” this software application (the “Application”), the website, and the services made available to you through the Application (the “Application services”) are provided by “Welcome Apps Corp.” and their respective affiliates (“company”, “we” or “us”) via the authorized Apple or Android smartphone (“Device”) that you own or are authorized to use.
This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the service (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the “Review Drivers” Privacy Policy.
This Agreement applies to all visitors, users, and others who access or use the service (“Users”).
“Review Drivers” does not guarantee the error-free operation of your product nor the completeness or accuracy of the services or content provided herein.
“Review Drivers” does not accept and disclaims any liability for loss or damage arising out of or in connection with the use or inability to use the services or content.
"Review Drivers" does not accept and disclaims any liability for loss or damage arising out of or in connection with any kind of video, photo, or comment posted by the user on our platform and the resulting consequences.
“Review Drivers” just helps you to identify and make public drivers who break the rules, misbehave, and endanger the health and lives of others.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US.
BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT.
1. Use Of The Service
A. Service Rules
You agree not to engage in any of the following prohibited activities:
I) Determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the service or any derivative works thereof, or incorporating the service or any portion thereof into any other program or product;
II) Copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, or disclosing any part of the service in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Service;
III) Transmitting spam, chain letters, or other unsolicited email;
IV) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the service in a manner that sends more request messages to the company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
V) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
VI) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the service;
VII) Collecting or harvesting any personally identifiable information, including account names, from the service;
VIII) Uploading invalid data, viruses, worms, or other software agents through the service;
IX) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
X) Using the service for any commercial solicitation purposes;
XI) Accessing any content on the service through any technology or means other than those provided or authorized by the service;
XII) Interfering with, or attempting to interfere with, the proper working of the service;
XIII) Distributing, licensing, transferring, or selling, in whole or in part, any of the service or any derivative works thereof;
XIV) Bypassing the measures we may use to prevent or restrict access to the service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content therein;
XV) Encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the service, or which, as determined by us, may harm us or users of the service or expose us or them to liability; and
XVI) Violating, or promoting the violation of, this agreement or any applicable federal, provincial, local, state, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).
B. Eligibility
You may use the service only if you can form a binding contract with company, and only in compliance with this agreement and all applicable local, state, provincial, federal, national, and international laws, rules and regulations. Anyone under thirteen (13) is strictly prohibited from creating an account for the service without explicit parental consent. By providing consent for a child under thirteen (13) to use the service, parents and guardians agree to:
I) Exercise oversight of the child’s use of the service, including ensuring that such use is always in accordance with this agreement, all documents related hereto, and all applicable laws, and to be fully responsible and liable for the child’s compliance with this agreement and the child’s use of the service;
II) The disclaimers, waivers and limitations of liability set out in this agreement on your behalf and on the child’s behalf; and
III) Be fully liable for and to fully indemnify, defend, and hold harmless company and our subsidiaries, agents/mandatories, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandatories, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising, directly or indirectly, from such child’s use of the service or such child’s failure to comply with this agreement, and all references to “you” or “your” in (II) through (V) in section 15 will be deemed amended to include your child or your ward, as applicable. The service is not available to any users previously removed from the service by us.
C. Accounts
Accounts that you are able to establish with the service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
You may control your user profile and how you interact with the service by changing settings that are made available to you.
D. License To Use The Service
Subject to the terms and conditions of this agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the service for your personal, noncommercial use only and as permitted by the features of the service. Company reserves all rights not expressly granted herein in the service and the company content (as defined below). Company may terminate this license at any time for any reason or no reason.
2. The Application Services Are Subject To Limitations, Including:
· For use Application services you need to turn on the application.
· A cellular signal, GPS signal, and sufficient battery life on your device are required for the application services to operate properly.
· You must provide all requested application and device permissions for the application services to operate properly.
· The application services use and rely upon your device’s functionality, including GPS signal and cellular signal, and are subject to any inaccuracy and other limitations thereof.
· Updates made to your device may impact the ability of the application to provide the application services.
· Once you log into the application, it will continue to run in your device’s foreground or background until you close the application.
· The camera does not work with the application in background mode.
· If you disable sharing of your device location in your device settings, some of the application services will not function properly.
When you click to accept the following terms (these “Terms”) or when you access or use the application services on your Device, you agree to the following:
· You will only use the application services when it is safe to do so, in compliance with the law and these terms, and you will not use the application services offered through your device while driving;
· You will not use the application services to harass or harm any person, or for any improper, unlawful, or unauthorized purpose.
3. User Content
Some areas of the service allow users to post content such as images, comments, questions, messages and other content or information (any such content a user submits, posts, displays, creates, or affirmatively chooses to make available on the service is “user content”). User content does not include information collected from or about your phone or device. We claim no ownership rights over user content created or submitted by you. The user content you create remains yours; however, by sharing user content through the service, you agree to the user content license grant below, and to allow others to view, edit, and/or share your user content in accordance with your settings and this agreement. Company has the right (but not the obligation) in our sole discretion to remove any user content that is shared via the service.
You agree not to post or transmit user content that:
I) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
II) may create a risk of any other loss or damage to any person or property;
III) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
IV) may constitute or contribute to a crime or tort;
V) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
VI) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
VII) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
VIII) contains any information or content that you know is not correct and current;
IX) violates any school or other applicable policy, including those related to cheating or ethics;
X) interferes with other users of the service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the service and deleting or revising any content posted by another person or entity; or
XI) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other users without their permission.
You agree, represent and warrant that any user content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual property rights (as defined below) or rights of privacy. Company reserves the right, but is not obligated, to reject and/or remove any user content that company believes, in our sole discretion, violates these provisions.
For the purposes of this agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction.
In connection with your user content, you affirm, represent and warrant the following:
A. You have the consent of each and every identifiable natural person in the user content to use such person’s name or likeness in the manner contemplated by the service and this agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your user content and company’s use thereof as contemplated by this agreement and the service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the service. You shall be solely responsible for your user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your ser content. You understand and agree that you may be exposed to User content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that company shall not be liable for any damages you allege to incur as a result of user content.
4. User Content License Grant
By posting any user content on the service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to company a royalty-free, sub licensable (including via multiple tiers of sub-licensing), transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the service and for our commercial, marketing, advertising, and other purposes.
5. Service Availability And Our Right To Terminate
We may, without prior notice, change the service; stop providing the service or features of the service, to you or to users generally; or create usage limits for the service. If we materially change the service, we will provide you with at least 30 days notice. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of this agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this agreement. You are responsible for all the mobile data usage resulting from the use of service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Company shall have no liability for your interactions with other users, or for any user’s action or inaction.
6. Terms Specific To Mobile Software
As part of the service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the mobile software you must have a mobile device that is compatible with the mobile software. Company does not warrant that the mobile software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one company account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Service Rules” above, which also apply to the mobile software, you may not:
I) Modify, disassemble, decompile or reverse engineer the mobile software, except to the extent that such restriction is expressly prohibited by law;
II) Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the mobile software to any third party or use the mobile software to provide time sharing or similar services for any third party;
III) Make any copies of the mobile software;
IV) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the mobile software, features that prevent or restrict use or copying of any content accessible through the mobile software, or features that enforce limitations on use of the mobile software; or
V) Delete the copyright and other proprietary rights notices on the mobile software. You acknowledge that company may from time to time issue upgraded versions of the mobile software, and may automatically electronically upgrade the version of the mobile software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this agreement will apply to all such upgrades. Any third-party code that may be incorporated in the mobile software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the mobile software or any copy thereof, and company or third party partners or suppliers retain all right, title, and interest in the mobile software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this agreement, is void. Company reserves all rights not expressly granted under this agreement. You agree to comply with all United States and foreign laws related to use of the mobile software and the company service, including the laws in your jurisdiction of residence.
7. Our Email Communications With You
By providing company your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from company. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
8. Our Proprietary Rights
Except for your user content, the service and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the service or mobile software, the “look and feel” of the service, and user content belonging to other users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of company and our licensors (including other users who post user content to the service). Except as explicitly provided herein, nothing in this agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any company content. Use of the company content for any purpose not expressly permitted by this agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the service, including without limitation about how to improve the service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place company under any fiduciary or other obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, company does not waive any rights to use similar or related ideas previously known to company, or developed by our employees, or obtained from sources other than you. Company has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
9. Features Of The Service
The service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the service features require mobile software to be installed on the devices that the features apply to. Not all service features may be available in your country. Please see below for details.
Location Information And Driving Event Features.
Certain features of the service are designed to collect location information about you when you report someone. Also with the feature “When I’m a Passenger”, the passenger will be able to monitor their location, route and vehicle speed on their phone. In order to access and use these features, the service collects location and motion data from your mobile device in order to calculate and detect driving events (such as speeding, precise location history and movements of a motor vehicle), facilitate the features and functionality of the service. This data is collected when you are in a moving vehicle, as a passenger. By using the location services, detection features in a motor vehicle, you represent and warrant that you have the consent of the driver, for company to collect and use location, movement and driving behavior information from your device to provide the services, and for other purposes as described in our Privacy Policy
To work properly, these features require the corresponding mobile software to be installed on the device for which location and movement data will be provided, and require access to location and motion data from the smartphone or mobile device. These features may not work properly if the corresponding device permissions and settings allowing access to location and motion data are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the mobile software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the service is not being used or is blocked on the device, if you are making a phone call through the device, and for other reasons.
10. Additional Information About The Service And Service Features
This section contains additional policies and information about the service and service features.
Some features of the service may not work in areas outside the wireless service coverage area for the phone that the mobile software is installed on.
Battery Usage
Use of the service or service features that require the use of mobile software may use a power from the battery of any device that the mobile software is installed on.
You need to always keep battery usage to a minimum while using our services.
11. No Professional Advice
If the service provides professional information (e.g., medical or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
12. Privacy
We care about the privacy of our users. Please see our Privacy Policy.
For information about how we collect, use and disclose information about you, including device data, location and motion data. You consent to the collections, uses and disclosures of your personal information for the purposes described in our “Review Drivers” Privacy Policy.
13. Security
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
14. Third-Party Links
The service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by our company. If you use any such links, you will leave the service. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the service, you do so at your own risk, and you understand that this agreement and company’s Privacy Policy do not apply to your use of such sites. You expressly relieve company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.
You agree that company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
15. Indemnity
You agree to defend, indemnify and hold harmless company and our subsidiaries, agents/mandatories, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandatories, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
I) Your use of and access to the service, including any data or content transmitted or received by you;
II) Your violation of any term of this agreement, including without limitation your breach of any of the representations and warranties herein;
III) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
IV) Your violation of any applicable law, rule or regulation;
V) Any claim or damages that arise as a result of any of your user content, or any user content or other information that is submitted via your account, including any Ideas; or
VI) Any other party’s access and use of the service with your unique username, password or other appropriate security code.
16. No Warranty
Some jurisdictions do not allow for the disclaimer of certain warranties, so the disclaimers below may not apply to you.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, OR REPORTING, ETC.) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
17. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OUR AFFILIATES, AGENTS/MANDATORIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, OR REPORTING, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, OUR AFFILIATES, AGENTS/MANDATORIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
All legal actions arising with respect to the service shall, unless prohibited by applicable law, be barred unless written notice thereof is received by company within one year from the date of the event giving rise to such legal action.
The service is controlled and operated from facilities in the United States. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities.
18. Governing Law And Arbitration
A. Governing Law.
You agree that:
I) The service shall be deemed solely based in California; and
II) The service shall be deemed a passive one that does not give rise to personal jurisdiction over company, either specific or general, in jurisdictions other than California. This agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
B. Arbitration.
READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
In the unlikely event that company has not been able to resolve a dispute it has with you after sixty (60) days, except where prohibited by applicable law, we each agree to resolve any claim, dispute, or controversy (excluding any company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement of use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing company from seeking injunctive or other equitable relief from the courts as necessary to protect any of company’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
19. Information And Complaints
If you have a question or complaint regarding the service, please send an e-mail to ReviewDrivers@WelcomeApps.Net
Please note that e-mail communications will not necessarily be secure; accordingly you should not include sensitive information in your e-mail correspondence with company.
20. General
A. Assignment.
This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures And Changes To The Agreement.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by company in our sole discretion or as may be required by applicable law. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in our sole discretion, modify or update this agreement from time to time and without prior notice to you (except where notice is required by applicable law), and so you should review this page periodically. When we change the agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the service after any such change constitutes your acceptance of the agreement. If you do not agree to any of these terms or any future agreement, do not use or access (or continue to access) the service.
C. Entire Agreement/Sever-Ability.
This agreement, together with any amendments and any additional agreements you may enter into with company in connection with the service (including all supplemental terms referenced herein and our Privacy Policy), shall constitute the entire agreement between you and company concerning the service. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
D. No Waiver.
No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
E. Language.
You and company have each expressly requested and required this agreement and all documents that relate hereto be drawn up in the English language.
F. Contact.
Please contact us ReviewDrivers@WelcomeApps.Net
with any questions regarding this agreement.
This agreement was last modified on
April 03 2023, 10:55 am PST