Agreement between User and eDriving
You consent to receive electronic communications and you consent that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, App and on the Site, satisfy any legal requirement that such communications be in writing.
If you use Product(s) or Service(s), you are responsible for maintaining the confidentiality of your account and password (PIN) and for restricting access to your computer, mobile or other device through which you access the Product(s) or Service(s) and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that eDriving® is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to
immediately notify us in the event of any unauthorized use of your account or other breach of security. You may never use the account of another user without his/her permission. When creating your account, you must provide accurate and complete information. You agree that these Terms, and any dispute, claim, proceeding, findings, decision, settlement, or information relating in any way thereto shall be treated as eDriving’s confidential information and shall not be disclosed.
eDriving® and its associates reserve the right, but are under no obligation to, refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Product(s) and Service(s) are not intended for use by minors. You represent you are at least 18 years old or have obtained necessary consents and permissions of your parent or guardian. eDriving, including through MentorSM, does not knowingly collect, maintain, or use personally identifiable information from children under 13 years of age, and no Product or Service is directed to children under the age of 13.
Links to Third-Party Sites/Services
Certain services made available via eDriving® are delivered by third party sites and organizations. By using any Product, Service or functionality, you hereby acknowledge and consent that eDriving® may share such information and data with any third party with whom eDriving® has a contractual relationship to provide the requested product, service or functionality on behalf of eDriving users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Product(s) and/or Service(s) strictly in accordance with these Terms. As a condition of your use of the Product(s) and/or Service(s), you represent and warrant to eDriving® that you will not use the Product(s) or Service(s) for any purpose that is unlawful or prohibited by these Terms. You may not use the Product(s) or Service(s) in any manner
which could damage, disable, overburden, or impair the Product(s) or Service(s) or interfere with any other party’s use and enjoyment of the Product(s) or Service(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Product(s) or Service(s).
All data, content and other information (the “Content”) included or otherwise provided as part of the Product(s) or Service(s), such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product(s) or Service(s), is the property of eDriving® or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You will keep confidential and not disclose modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any Product or Service, any aspect of a Product or Service, or any of the Content, in whole or in part, found in a Product or Service. Access to Product(s) or Service(s) is not for resale. Your use of Product(s) or Service(s) does not entitle you to make any unauthorized use of any protected Content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use the Product or Service and Content, in each case, solely for (i) if you are an individual consumer, for your own personal educational use, or (ii) if you are a fleet driver, for your own personal educational use or for the internal educational use of your employer organization or similar organization that has retained your driving/fleet services, and will make no other use of the Content without the express written permission of eDriving® and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of eDriving® or our licensors except as expressly authorized by these Terms.
You may (if service exists) be able to connect your eDriving account to third party accounts. By connecting your eDriving account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Product(s) and Service(s) are controlled, operated and administered by eDriving® from our offices within the USA. If you access Product(s) or Service(s) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the eDriving® content accessed through Product(s) or Service(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless eDriving®, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Product(s) or Service(s), any user postings made by you related to your use of Product(s) or Service(s), your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. eDriving® reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with eDriving® in asserting any available defenses.
Liability Limitations and Disclaimer of Warranties
THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH EDRIVING® MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS. eDRIVING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE APP OR SITE, AND TO ANY SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, AT ANY TIME.
eDRIVING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. eDRIVING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CONTENT, PRODUCTS AND SERVICES ARE NOT ERROR- FREE. NO CONTENT, PRODUCT OR SERVICE WILL GUARANTEE ANY PARTICULAR RESULT, INCLUDING WITH RESPECT TO PRODUCTS OR
SERVICES DESIGNED TO PROVIDE DRIVING OR OTHER EDUCATION, AND NO CONTENT, PRODUCT OR SERVICE WILL GUARANTEE YOU WILL IMPROVE OR ENHANCE YOUR DRIVING OR ANY RELATED KNOWLEDGE OR SKILLS.
IN NO EVENT SHALL THE TOTAL LIABILITY OF EDRIVING, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNEES, SUBSIDIARIES, SUPPLIERS, OR AFFILIATES, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF PRODUCT(S) OR SERVICE(S), WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO EDRIVING IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
PLEASE READ CAREFULLY. THIS AFFECTS YOUR RIGHTS.
To the maximum extent permitted by law, this agreement (including all Terms herein), and any dispute or claim arising out of or relating in any way to Product(s) or Service(s), these Terms, the Mentor App, the Mentor Site, the products you order, or eDriving (and any findings, decision, settlement, or information relating in any way thereto) will be governed by, construed and enforced in accordance with the laws of the State of California, excluding conflict of laws provisions. You agree that any dispute or claim
arising out of or relating in any way to Product(s) or Service(s), these Terms, the App, the Site, the products you order, or eDriving (and any findings, decision, settlement, or information relating in any way thereto), in each case, must be resolved exclusively by binding arbitration in accordance with the terms and procedures set forth below, and any such dispute or claim, and any proceeding, finding, decision, settlement, or any information relating in any way to the foregoing shall be treated confidentially, and eDriving’s confidential information and shall not be disclosed.
We will work in good faith to resolve any issue you have with Product(s) or Service(s), if you bring the issue to the attention of our Customer Service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. You agree that any dispute or claim arising out of or relating in any way to your use of Product(s) or Service(s) must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of eDriving or any third party, in which case, eDriving or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (see here or contact AAA at 800-778-7879 for additional information). Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, YOU AGREE THAT YOU WILL NOT BE ALLOWED TO FILE A CLASS ACTION OR ANY KIND OF CLASS OR JOINT ARBITRATION.
If you intend to seek arbitration you must first send, by certified mail, a written notice of dispute to us at the following address: eDriving, LLC, 283 4th Street, Suite 301, Oakland, CA 94607. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from us. If an agreement to resolve the claim is not reached within 30 days after the notice is received, you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed.
After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee upfront, we will pay the filing fee directly upon receiving your written request. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, at an in-person hearing, or at a hearing conducted via telephone as established by the AAA Rules. Any hearings for a claim that exceeds $10,000 will be determined by the AAA Rules. Except as otherwise provided for herein, we will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the above arbitration notice requirements. However, if the arbitrator finds that the substance of your claim or
the relief sought by you was frivolous or was brought for an improper purpose, then payment of such fees will be determined by the AAA Rules, and you agree to pay all amounts that you are obligated to pay under the AAA Rules or reimburse us for all amounts previously disbursed by us in satisfaction of such obligations. The arbitrator may rule on and resolve disputes as to the payment and reimbursement of fees and expenses (including reasonable attorneys’ fees) at any time during the arbitration proceeding, pursuant to the AAA Rules and applicable law. Except for punitive and consequential damages (which the arbitrator is not authorized to award), and subject to the terms of this agreement, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law.
The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of California or to any Federal Court located within the State of California for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.
If these arbitration terms are held to be invalid or otherwise unenforceable for any reason, they will be severed from these Terms and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in California.
You agree that, even if a statute of limitations or other law provides for a longer time period, any action against eDriving, its officers, directors, employees, agents, licensors, suppliers and any third-party providers of information, products, or services relating to Product(s) or Service(s)or any information, products, or services available on or from any of the foregoing must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.
BECAUSE YOUR USE OF PRODUCT(S) OR SERVICE(S) AND ANY PRODUCT HEREUNDER REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN CALIFORNIA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.
This arbitration provision shall survive termination or expiration of these Terms.
eDriving® reserves the right, in its sole discretion, to terminate your access to Product(s) or Service(s) or any portion thereof at any time, without notice. Use of the Product(s) or Service(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and eDriving® as a result of these Terms or use of Product(s) or Service(s). eDriving’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of eDriving’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Product(s) or Service(s) or information provided to or gathered by eDriving® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and eDriving® with respect to Product(s) or Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and eDriving® with respect to Product(s) or Service(s). A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
Changes to Terms
eDriving® reserves the right, in its sole discretion, to change the Terms under which Product(s) and Service(s) are offered. The most current version of the Terms will supersede all previous versions. eDriving® encourages you to periodically review the Terms to stay informed of our updates.
eDriving® welcomes your questions or comments regarding the Terms:
283 4th Street, Suite 301
Oakland, CA 94607
Phone: (800) 243-4008
Effective Date: February 1, 2017.