Updated: June 23rd, 2019
eDriving and its parent, affiliates, and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, vendors, retail partners and any other party involved in the creation, operation, production or transmission of the Site or provision of any other Service shall be referred to herein as “eDriving Parties.”
PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO USING ANY SERVICE. YOUR USE OF ANY SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. EACH TIME THAT YOU USE A SERVICE, THE CURRENT VERSION OF THESE TERMS & CONDITIONS WILL APPLY. WHEN YOU USE A SERVICE, YOU SHOULD CHECK THE DATE OF THESE TERMS & CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY OTHER EDRIVING SERVICE.
1. Site User Eligibility and Establishing an Account
This Site is available worldwide. eDriving’s Services are designed for use in the location where you typically drive. Users of all ages are welcome to browse the Site, however, you may only establish an account with respect to any one of our Services if you are an individual or entity that can form legally binding contracts under applicable law. If you are under eighteen (18) years of age, you must have consent from your parent or guardian to establish an account with any one of our Services. There may be certain age restrictions for specific Services in various countries.
When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for your account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account and/or password shall be your responsibility.
2. Acceptance of Terms
By using any Service, you are accepting all of the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions, please do not use the Service. We reserve the right, at our discretion, to change and/or modify portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, it is your responsibility to check theses terms periodically for changes. Please see the “Last updated” legend at the top of this page to see the date on which material updates were last made to this Agreement.
3. Prohibited Actions
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any Service, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any Service pages or the content contained herein, or frame, mirror or otherwise incorporate any part of any Service, without the prior express written consent from an authorized eDriving representative.
4. Ownership and Permitted Use of Content
The design of all Services and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from any Service (the “Content”) are either the property of, or used with permission by, eDriving. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on any Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing, or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
Certain trademarks, trade names, service marks and logos used or displayed on any Service are registered and unregistered trademarks, trade names and service marks of eDriving and its parent, affiliates, or other related or affiliated parties. Nothing contained on any Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the displayed trademarks, trade names, service marks or logos without the written permission of eDriving, its parent, affiliates, or other related or affiliated parties.
5. Availability of Products, Services, Features and Content
All Features, Content, and Products and Services displayed on or provided by our Services are subject to change at any time without notice. In addition, any Feature, Content, Product or Service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services at a particular time does not imply or warrant that these Products or Services will be available in the future.
6. Accuracy of Information
The eDriving Parties take reasonable efforts to ensure that information on our Services is complete, accurate and current. Despite such efforts, however, the information on any Service may be inaccurate, incomplete or out of date. Descriptions of products and services are provided for convenience purposes only and may be approximations. The eDriving Parties make no representation as to the completeness, accuracy or timeliness of any information. For example, products and services may be unavailable or may have different attributes than those listed. In addition, we may make changes in information about the products and services without notice. .
The eDriving Parties cannot guarantee any results based on your use of one or more of our Services. For example, the eDriving Parties cannot guarantee that your driving will improve when you use one or more of our Services. The eDriving Parties cannot guarantee that your use of one or more of our Services will prevent any moving violation or car accident. In addition, the eDriving Parties cannot guarantee that your insurance rates will drop when or as a result of your use of one or more of our Services.
7. Links to Third Party Sites
8. Disclaimer of Warranty
Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.
SERVICES PROVIDED BY US ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU AGREE THAT YOU USE EDRIVING’S SERVICES AT YOUR OWN RISK. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, EDRIVING HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SERVICE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
9. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE EDRIVING PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE ANY SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (INCLUDING, E.G., AS PROHIBITED BY THE LAWS OF THE STATE OF NEW JERSEY). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You hereby indemnify, defend and hold us, our owners, partners, subsidiaries, affiliates and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees (“Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ and accountants’ fees) arising out of or in any way connected with these Terms, eDriving’s Services or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of eDriving or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.
eDriving reserves the right to suspend or terminate your account (and, subject to applicable laws, delete the profile(s) corresponding to such account and any accompanying content) or your use any Service or Features or any other Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of our Services and Features, products and services available on or through such Services at any time without notice. We shall not be liable to you or any third party for any of the foregoing.
12. Dispute Resolution
If you are a citizen of the United States, you agree to the following dispute resolution terms:
To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to a Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its choice of law principles.
You and eDriving each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New Jersey on an individual basis and not as a class action.
You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE EDRIVING PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
These Terms and any other policies or other terms incorporated herein, constitute the entire agreement between you and eDriving relating to your use of any other Service and the use, handling, and rights to personal information submitted or provided by you, superseding any other agreement between you and eDriving with respect to the subject matter hereof. Section headings in these terms are for convenience only and have no legal or contractual effect. If any provision of these terms or any other policies or other terms incorporated herein shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
14. OTHER Country Specific Terms
15. Contact Us
For issues or questions related to any Service or these Terms please correspond via email or mail as follows:
North and South America, Canada, Asia Pacific and the Caribbean:
eDriving FLEET LLC
211 Bayberry Drive, Suites 1 D, E & F
Cape May Court House, New Jersey, 08210, UNITED STATES OF AMERICA
UK, Europe, Africa, and the Middle East:
Pennine Business Park
9 Longbow Close
Huddersfield, HD2 1GQ, England, UNITED KINGDOM