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ACCEPTANCE OF TERMS
We provide services under certain terms
and conditions that we call Terms of Service ("TOS").
We may update these from time to time, without
notice to you. It is your duty to check these when
you use the site to ensure that you comply with the
current TOS. There may be other rules posted
throughout the site which you will be required to
observe.
2. WHAT WE DO
We provide drivers with co-driver matching resources
(herein the "Service"). The services are provided
"AS-IS" We assume no responsibility for information
posted on this site originated by others, including,
but not limited to users and advertisers.
You are
responsible for any and all costs associated with
accessing this site.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF
INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US
BY A USER OR POSTED ON THIS SITE. USERS SHOULD
ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION
TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE
SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE
USED AGAINST THEM.
Please be aware that this site may contain adult or
mature content. You must be at least 18 years of age
to use the services provided by us.
3. FEES AND COSTS
Basic membership is FREE. Basic members can add listings, browse matches and send messages. In order to read messages received from other members, access detailed driver profiles, and perform custom searches, upgrade to Choice Membership. Fees for Choice Memberships are as follows: $14.95 per month for 1 month; $7.95 per month for 3 months; $2.95 per month for 12 months.
4. YOUR MEMBERSHIP OBLIGATIONS
By using this site you certify that you are 18 years
of age or older, you agree that any information that
you provide to us (or others through this site) is
true, accurate, current and complete information,
and you agree to maintain and promptly update the
Membership Data to keep it true, accurate, current
and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or we
believe that such information is untrue, inaccurate,
not current or incomplete, we have the right to
suspend or terminate your account and refuse any and
all current or future use of our services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account, and you are
responsible for all activities that occur under your
account. You agree to protect and safeguard it
against unauthorized use. You must immediately
notify us of any unauthorized use of your account or
any other breach of security. You must exit from
your account at the end of each session. You agree
that you will be solely liable for any loss or
damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that we do not provide the
information on the site and that all publicly posted
or privately transmitted information, data, text,
photographs, graphics, messages or other materials
("Content") are the sole responsibility of the
person from which such Content originated. You agree
and represent that you, are entirely responsible for
all Content that you upload, download, post, email,
transmit or otherwise use or make available via the
Services and this site. Since we do not control the
Content posted on the site or sent to you from
information gleaned from the site, we cannot and
will not guarantee the accuracy, integrity or
quality of such Content. You understand that by
using the Service, you may be exposed to offensive,
indecent or objectionable Content. You agree that we
will not be liable for any Content, including, but
not limited to, any errors or omissions in any
Content, or for any loss or damage of any kind
incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made
available via the Service.
You agree to NOT use the Service for any illegal or
inappropriate purpose, and affirmatively represent
and warrant:
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that you will not upload, post, email,
transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically,
religiously or otherwise objectionable;
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that you will not impersonate any person or
entity, including, but not limited to, any
employee, officer or director of DriverMatch.com, forum leader, guide or host, or
falsely state or otherwise misrepresent your
affiliation with a person or entity;
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that you will not forge headers or otherwise
manipulate identifiers in order disguise the origin of any Content
transmitted through the Service;
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that you will not upload, post, email,
transmit or otherwise make available any Content
that you do not have a right to make available
under any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
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that you will not upload, post, email,
transmit or otherwise make available any Content
that infringes any patent, trademark, trade
secret, copyright or other proprietary rights
("Rights") of any party;
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that you will not upload, post, email,
transmit or otherwise make available any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas
(such as shopping rooms) that are designated for
such purpose;
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that you will not upload, post, email,
transmit or otherwise make available any
material that contains software viruses or any
other computer code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or
telecommunications equipment;
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that you will not disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or
otherwise act in a manner that negatively
affects other users' ability to engage in real
time exchanges;
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that you will not interfere with or disrupt
the Service or servers or networks connected to
the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service;
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that you will not intentionally or
unintentionally violate any applicable local,
state, national or international law, including,
but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any
rules of any national or other securities
exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the
force of law;
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that you will not "stalk" or otherwise
harass another; or
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that you will not collect or store personal
data about other users.
You acknowledge that we do not pre-screen Content,
but that DriverMatch.com and its designees shall
have the right (but not the obligation) in their
sole discretion to refuse, move, or remove any
Content on the site for any reason we deem
reasonable, in our sole discretion.
You agree that you must evaluate, and bear all
risks associated with, the use of any Content,
including any reliance on the accuracy,
completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any
Content created by us or submitted to us, including
any you find on the site.
We may preserve Content in our sole discretion
and we may also disclose such information to third
parties to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d)
protect our rights, property, or personal safety or
the rights, property and personal safety of our
users and the public. We do not, however, undertake
any affirmative obligation to examine Content or
disclose Content to any third party for any reason.
You understand that your Content may be transmitted
over a number of different networks and people other
than those on this site could gain access to it.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws
regarding the transmission of technical data
exported from the United States or the country in
which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
We do not own any of the Content submitted by our
users. However, with respect to Content you submit
or make available for inclusion on publicly
accessible areas of the Service, you grant us the
following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available
to us, you grant us the license to use, distribute,
reproduce, modify, adapt, publicly perform and
publicly display such Content and the irrevocable
right to sublicense the Content with the sublicense
having the right to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in
part) and to incorporate such Content into other
works in any format or medium now known or later
developed.
9. INDEMNITY
You agree to indemnify and hold us, and our
subsidiaries, affiliates, officers, agents,
co-branders, sponsors, advertisers, attorneys or other partners, and
employees, harmless from any claim or demand,
direct or indirect losses of whatsoever nature (including, but not
limited to, consequential loss, economic loss, incidental, special
or punitive loss, loss of profits, loss of business, loss of
contracts, loss of revenue, loss of anticipated savings, loss of
goodwill or loss of reputation), including attorneys' fees, made by
YOU or any third party
due to or arising out of any information, content, good, product or
service provided by DriverMatch.com; or any content you submit,
post, transmit or make available to us.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general
practices and limits concerning use of our site,
including but not limited to matters pertaining to
the number and size of emails, time Content and
other information will remain on our site,
limitations on what Content may be posted and when
and how long we will retain it.
We may at any time destroy or log off accounts
that are inactive for an extended period of time.
You further acknowledge that we reserve the right to
change these general practices and limits at any
time, in our sole discretion, with or without
notice.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
of the information or services from our site,
including Content.
12. MODIFICATIONS TO SERVICE
We have the right to modify or discontinue this
service at any time. You agree that we shall not be
liable to you or to any third party for any
modification, suspension or discontinuance of the
Service.
13. TERMINATION
We may terminate your account at any time, if we
believe it to be in our best interests or in the
best interests of our users.
14. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or
resources. Because we have no control over such
sites and resources, you agree that we are not
responsible for the content or functionality of such
sites. Furthermore, the existence of a link on our
site does not imply an endorsement of that site, the
owners or content thereon. You agree to be
responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any
content, goods or services available on or through
any such site or resource.
15. DEALINGS WITH ADVERTISERS
Your dealings with, advertisers found on or through
our site, DriverMatch.com, are solely between you
and such advertiser. You agree that we shall not be
responsible or liable for any loss or damage
incurred as the result of any such dealings.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT
WHERE PROHIBITED BY LAW):
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
18. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Content and
software used by us, as well as the photos,
graphics, text and other material appearing on our
site, are protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorized by us or advertisers,
you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the
anything found on our site.
19. TRADEMARK INFORMATION
DriverMatch.com™, the DriverMatch.com logo,
trademarks and service marks, and other
DriverMatch.com logos and product and service names
are trademarks of DriverMatch.com, (the
"DriverMatch.com Marks"). Without DriverMatch.com' prior permission, you agree not to
display or use in any manner, the DriverMatch.com
Marks. Additional DriverMatch.com brands include: Co-Drivers.com,
CoDrivers.com 20. NOTICE
Notices to you may be made via either email or
regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the
Service.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you
and DriverMatch.com and govern your use of the
Service, superseding any prior agreements between
you and DriverMatch.com. You also may be subject to
additional terms and conditions that may apply when
you use affiliate services, third-party content or
third-party software. The TOS and the relationship
between you and DriverMatch.com shall be governed
by the laws of the State of Texas without regard to
its conflict of law provisions. You and DriverMatch.com agree to submit to the personal and
exclusive jurisdiction of the courts located within
the county of Dallas, Texas. You acknowledge that
DriverMatch.com shall have the right to take legal
action against you if your actions violate the TOS
and such violation results in damage to DriverMatch.com or any of its affiliates. The failure of
DriverMatch.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and
effect. 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 Service or
the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to our
Customer Service.
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