Effective Date: January 06, 2015
Thank you for your interest alt_driver. In this Visitor Agreement, the terms “alt_driver”, “we”, “us”, and “our” refer to alt_driver. and the terms “you” and “your” refer to you as a user of our websites, mobile and other online applications and products and services (collectively, the “alt_driver Sites”).
- General Provisions
- The material that appears on the alt_driver Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the alt_driver Sites may, from time to time, contain errors. The alt_driver Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the alt_driver Sites, and you should not rely on it without independent verification. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH ANY ALT_DRIVER SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH ALT_DRIVER.
- We invite you to bring to our attention any materials or information on the alt_driver Sites that you believe to be inaccurate. Please forward a copy of the materials or information to info [at] altdriver.com, along with an explanation of the inaccuracies.
- Ownership and Permissions
- The alt_driver Sites is provided to our end users for their personal, non-commercial use only. The materials on the alt_driver Sites are the property of alt_driver or its licensors, and are protected by U.S. copyright laws, other copyright laws, international conventions, and other intellectual property laws. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the alt_driver Sites. You may display and occasionally print a single copy of any page of the alt_driver Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the alt_driver Sites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the alt_driver Sites, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the alt_driver Sites should be sent to our Customer Service Manager, alt_driver, 2002 Summit Boulevard, Suite 1200, Atlanta, Georgia 30319 or to info [at] altdriver.com.
- You are free to establish a hypertext link to the alt_driver Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by alt_driver or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the alt_driver Sites, nor incorporate into another website or service any intellectual property of alt_driver or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to alt_driver at info [at] altdriver.com or to the mailing address above.
- alt_driver and the alt_driver logo are trademarks owned by us. The names of other products and services referred to on the alt_driver Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the alt_driver Sites without the prior written consent of the owner of the mark.
- User Content
- By submitting material (including, but not limited to, any text, photos, video or other content) to us, you are representing and warranting that you are the owner of the material or have all necessary rights and permissions to submit the content to us and grants us the rights described herein. By submitting materials to us, you grant us, and anyone authorized by us, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, perform, display, broadcast, transmit, reproduce, create derivative works, archive, publish, sell or otherwise use, exploit or distribute, at no cost whatsoever, in any manner we see fit, and for any purpose we choose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the alt_driver Sites. We also reserve the right, but assume no obligation, to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal, editorial or other reasons.
- The alt_driver Sites allows users to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of the alt_driver Sites. You acknowledge that any of the user-generated content posted or transmitted through the alt_driver Sites represents the views of the author, and not of alt_driver. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to the alt_driver Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, moral rights or other intellectual property rights;
- profanity, including in subject lines, messages, or signatures;
- any material containing viruses, malware, ransomware, trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
- You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the alt_driver Sites or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the alt_driver Sites, or to computer systems or networks connected to the alt_driver Sites;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
- collect information about others without their consent;
- interfere with the use of the alt_driver Sites by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on the alt_driver Sites with any other persons.
- Without limiting any of alt_driver’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the alt_driver Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although alt_driver cannot monitor all of the listings and content posted to the alt_driver Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to the alt_driver Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, alt_driver takes no responsibility and assumes no liability for any content posted to the alt_driver Sites by you or by third parties.
- No Endorsements.
We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites, applications, or mobile applications we link. A link to another website, application or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).
You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the alt_driver Sites to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the alt_driver Sites, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the alt_driver Sites or any part of the alt_driver Sites.
- DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- ARBITRATION AGREEMENT.YOU AND ALT_DRIVER AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THE ALT_DRIVER SITES, OR ANY SERVICE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION INSTEAD OF LITIGATION IN COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
- CLASS ACTION WAIVER:YOU AND ALT_DRIVER AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor alt_driver may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or alt_driver. To be clear, you and alt_driver both waive any right to participate in any class action involving disputes between us.
This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section VII of the Visitor Agreement will remain in full force and effect.
- ARBITRATOR AUTHORITY:The arbitrator’s authority is governed by this arbitration agreement. You and alt_driver agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Visitor Agreement (including the limitations of liability set forth in Section XI), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with alt_driver. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- ARBITRATION PROCEDURES:You and alt_driver agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at http://www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, alt_driver will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorney fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. The arbitration will be held in a mutually agreeable and convenient location.
- SURVIVAL:This arbitration agreement survives the termination of this Visitor Agreement between you and alt_driver.
- JURY TRIAL WAIVER.
You and alt_driver expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section IX is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
- Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THE ALT_DRIVER SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE ALT_DRIVER SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE ALT_DRIVER SITES. THE ALT_DRIVER SITES ARE PROVIDED TO YOU “AS IS.” ALT_DRIVER AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE ALT_DRIVER SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE ALT_DRIVER SITES). NOR DO WE OR THEY GUARANTEE THAT THE ALT_DRIVER SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE ALT_DRIVER SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALT_DRIVER AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE ALT_DRIVER SITES BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL ALT_DRIVER OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE ALT_DRIVER SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE ALT_DRIVER SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF ALT_DRIVER AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE ALT_DRIVER SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE ALT_DRIVER SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE ALT_DRIVER SITES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
- YOU AGREE TO INDEMNIFY ALT_DRIVER AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE ALT_DRIVER SITES OR ANY BREACH OF THIS VISITOR AGREEMENT.
- To obtain access to certain services from the alt_driver Sites, you may be required to register on the alt_driver Sites. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the alt_driver Sites through any username/password assigned to you. You will notify alt_driver of any known or suspected unauthorized use of your account by emailing info [at] altdriver.com.
- Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the alt_driver Sites, please notify us by sending an email to firstname.lastname@example.org or by sending a notice by U.S. Mail to: alt_driver, 6205 Peachtree Dunwoody Rd, Atlanta, Georgia 30328, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the alt_driver Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia, without regard to its choice of laws rules. By using the alt_driver Sites, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Visitor Agreement or the use of the alt_driver Sites.
- Please report any violations of this Visitor Agreement to us at info [at] altdriver.com.