Welcome to Driving for Dollars, a service provided by Driving for Dollars App, LLC, an Oregon limited liability company (“Driving for Dollars,” “we,” “our,” or “us”).
1. Service & Payment
a. Service. Driving for Dollars will provide the Service to you according to its standard policies and procedures then in effect.
b. Payment. You agree to pay Driving for Dollars a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price.
c. Recurring Billing. Your acceptance of these terms constitutes your authorization to Driving for Dollars to automatically charge the credit or debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide Driving for Dollars with complete and accurate billing and contact information and to update that information within thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.
d. Accounts. As a condition to using the Services, you may be required to register with Driving for Dollars and create an account (“Account”). You agree to provide Driving for Dollars with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. Accounts that are inactive for more than six months may also be removed without further notice. You are solely responsible for properly cancelling your paid account.
e. Password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. Driving for Dollars cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
2. Your Use of the Services
a. Limited License. You are granted a personal, nontransferable and nonexclusive license to use the Services solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement.
b. Limitations on Use. You agree not to share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity. You agree not to use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement. Your agree your use of the Service will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, direct mail marketing, and customer solicitation.
c. Conditions of Use. As a condition of your use of Services, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; and (iii) you will use the Services in accordance with this Agreement.
3. Interruption of Service.
You acknowledge that, given the technical nature of resources Driving for Dollars requires to provide the Services to you, temporary interruptions may occur in the provision of Services and that any such interruptions shall not result in Driving for Dollars having any liability to you or others and shall not suspend or eliminate your payment obligations to Driving for Dollars or provide you with any refund rights for amounts previously paid to Driving for Dollars.
4. Intellectual Property.
Driving for Dollars retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Recipient any intellectual property rights in or to the Service or any of its components.
5. Exclusion of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND DRIVING FOR DOLLARS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER DRIVING FOR DOLLARS NOR ITS LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
6. Limitation of Liability.
Driving for Dollars shall not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Services or any alleged or actual failure by Driving for Dollars to comply with the terms of this Agreement, whether or not any such damages were foreseeable or whether Driving for Dollars was advised of the possibility of such damages. Driving for Dollars’ maximum liability under this Agreement will not exceed the amount you paid Driving for Dollars under the Agreement within the 12 months preceding the event which gave rise to Driving for Dollars’ liability.
User agrees to indemnify and hold harmless, to the fullest extent allowed by law, Company, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
8. No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of the Website.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our website or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Company cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire integrated agreement between you and Driving for Dollars and govern your use of the Services, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of Oregon, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Oregon if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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.