Welcome to Drive Safe Today! We provide a website that offers online defensive driving courses, permit exams, and driving records. These Terms of Use govern your use of DriveSafeToday.com, a website and online platform owned by DriveSafeToday.com, Inc. d/b/a Drive Safe Today (“Drive Safe Today,” “Company,” “We,” “Our”), which also includes all related widgets, tools, data, software, and other services provided by us (the “Services”). This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use Drive Safe Today.
Acceptance Of Terms Of Use
Please read these Terms of Use, and our Privacy Policy, very carefully. When prompted, please click or press “Accept”, "Submit" or "Submit Payment" if you agree to be legally bound by all the terms and conditions herein. Your acceptance of these Terms of Use creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms of Use, then do not click or press “Accept”, "Submit" or "Submit Payment" in which case you may not use the Services. By accepting the Terms of Use and creating an account, you represent and warrant that the information you include on the Website is accurate and that you have the capacity to enter into and abide by these terms and conditions.
Changes To Terms Of Use
We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of Use at any time. The date of last modification is stated in the footer of these Terms of Use.
When we make any updates to these Terms of Use, we will highlight this fact on the website or online platform. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use of the Services will constitute your acceptance of the revised Terms of Use.
Your Drive Safe Today Account
Access to the Services are only available to registered users who have expressly agreed to these Terms of Use and our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.
We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your account at any time through our Services, or you can contact us at support@drivesafetoday.com.
Payment And Refund Policy
You may pay for your order by Credit Card (Visa, MasterCard, American Express, Discover) or Bank Check Card. The accepted methods of payment may change at DriveSafeToday.com, Inc.’s sole discretion. Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion. Your credit or debit card is generally charged upon receipt of your order.
To obtain a full refund of fees paid to DriveSafeToday.com, Inc., log into your account and click on ‘Cancel Course’ next to the course that you wish to cancel. You may only request a refund after you have made payment and before you begin the final exam. Once a final exam is started, you cannot request or obtain a refund of any fees paid to DriveSafeToday.com, Inc. A final exam shall be considered started at the time that you land on the final exam screen, whether or not you have answered any questions. Regarding the Texas Defensive Driving Course, the course is considered complete, and thus non-refundable, upon passing the final quiz, "Alcohol and Traffic Safety Quiz".
A refund requested within 4 months of the initial purchase date will be granted in the same form of payment used to pay for the course. If you paid with a credit or debit card, the funds will be credited back to the same credit or debit card used for payment – please allow at least 72 hours for the credit to be processed. The credit will reflect on your account depending on the timeframe set by your credit card or debit card company.
Refund requests made 4 months after the initial purchase date will only be granted via PayPal payment. In such an event, you must provide us with a PayPal address. Please allow at least 72 hours for processing. The credit will reflect on your account in 3-5 business days.
Coupon Code Policy
Coupon/redemption codes are only valid at the time of registration and cannot be redeemed after payment has already been made. It also cannot be used to request a refund for the discounted amount. If you wish to use the code you may cancel the course and request a refund if you have not already reached the final exam. Only one coupon code can be used for a discount on a course - you cannot stack multiple coupon codes for additional discounts.
Changes To The Services, Accounts, And Pricing
The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavors to notify registered users of such decision in advance.
We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.
Florida Driving Record Policy
Florida driving records are valid for Florida-licensed drivers only and will not include any information pertaining to any previously held license or licenses from other states. When requesting records, you must select a reason for the request. Personal information will only be released to individuals that request their own records. For all other requests, the personal information will be blocked. Since Drive Safe Today has to pay for each request to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) for driving records, refunds/reimbursements will not be considered or given for any incorrect/invalid driver’s license number that has been input during registration. Also, no refunds/reimbursements will be considered or given for multiple orders for driving records due to user error. Refunds/reimbursements will also not be provided for those records where the personal information is blocked.
The Driver's Privacy Protection Act ("DPPA") makes personal information contained in motor vehicle or driver license records confidential and exempt from disclosure. Personal information from these records may only be released to individuals or organizations that quality under one of the exemptions provided in DPPA. DriveSafeToday will only provide personal information if you are requesting your own driving record. If requesting someone else's record, personal information will NOT be included in the driving record DriveSafeToday provides to you. However, it will have a valid Florida driver’s license number listed which is easily verifiable by the Florida DHSMV. Any requests for refunds/reimbursements will not be considered or given with regards to any objections to this matter. You assume all risks regarding its intended use and no refund/reimbursements will be considered or granted if you cannot use the driving record.
Unapproved States
Drive Safe Today considers “unapproved states” the states that have not approved and/or licensed Drive Safe Today to offer state-approved defensive driving courses and related services. The current list of unapproved states are as follows: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Washington, Washington D.C., West Virginia, Wisconsin, and Wyoming.
In the aforementioned unapproved states, permission/approval from the appropriate parties to take one of Drive Safe Today’s courses must be requested and given before registration. Further clarification: You must get your insurance company/agent’s approval to take a car insurance discount course prior to registration. Also, you must get a judge/court’s approval to take one of our court-ordered courses prior to registration.
Drive Safe Today is not liable for any issues that may arise from failing to follow these instructions. As such, no refunds or reimbursements will be given or considered with respect to these terms.
State And Court Acceptance And Insurance Discount
During registration, we will provide notice if our course is accepted by the court and/or state. We also notify you of any available insurance discount. If you do not see any text or marks indicating that our course is accepted, you should assume that it is not. For those courses that are not accepted, it is solely your responsibility to determine whether the local court or state will accept the certificate of completion for ticket dismissal, point reduction, or any other benefit. Unless we provide notice on the registration page of an exact insurance discount that will be provided by the insurance company, it is solely your responsibility to determine if your insurance company will provide an insurance discount, premium reduction, or any other benefit. Drive Safe Today shall not be liable for any damages arising from the non-acceptance of a certificate of completion or the late submission of a certificate of completion.
Your Use Of The Services
Subject to your strict compliance with these Terms of Use, Drive Safe Today grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate text, graphics, software, photographs, videos, data, and other materials (collectively “Content”), view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.
The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:
You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You must not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).
You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.
You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on Drive Safe Today either from the account you were blocked from or any other account.
You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;
any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Services; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
You must not deliberately impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
You agree to comply with the above conditions and acknowledge and agree that Drive Safe Today has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Drive Safe Today, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All related names, logos, product and service names, designs, and slogans are trademarks of the Drive Safe Today or its affiliates or licensors. You must not use such marks without the prior written permission of Drive Safe Today. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
Copyright Infringement And The Digital Millennium Copyright Act (DMCA) Safe Harbor
We take the intellectual property rights of others seriously and require that users of Drive Safe Today do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Drive Safe Today, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:
A description of the copyrighted work that you claim is being infringed;
A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
Your address, telephone number, and email address;
The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Our designated copyright agent to receive such claims can be reached at support@drivesafetoday.com. We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
Data Protection, Privacy, And Cookies
All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with the California Consumer Privacy Act (CCPA). In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.
Third Party Websites And Services
The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).
The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.
Disclaimer
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.
WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation Of Liability
THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.
ALTHOUGH NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;
YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;
ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;
ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;
ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
any violation by you of these Terms of Use; or
any activity related to your account, be it by you or by any other person accessing your account with or without your consent.
Applicable Law And Jurisdiction, Mandatory Arbitration, Class Action Waiver And Other Restrictions
If a dispute arises between you and Drive Safe Today, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New Jersey, without reference to their rules regarding conflicts of law.
If a dispute arises, DriveSafeToday.com, Inc. and the User agree to try for 30 days to resolve it informally. If the dispute cannot be resolved informally, the User acknowledges and agrees that any claim or dispute with DriveSafeToday.com, Inc. and/or its agents, employees, whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. User agrees not to sue in court in front of a judge or jury. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. A neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the Federal Arbitration Act (“FAA”).
At least 30 days prior to initiating arbitration, the User shall provide DriveSafeToday.com, Inc. with written notice of the User’s intent to seek arbitration that briefly describes the nature of User’s claim or dispute and the amount of money and other relief User is seeking pursuant to the claim or dispute. The notice shall be submitted to:
DriveSafeToday.com, Inc.
378 Summit Avenue.
Jersey City, NJ 07306
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. DriveSafeToday.com, Inc. will, however, reimburse user for these fees for claims seeking less than $2,000 unless the arbitrator determines the claims are frivolous. Likewise,
DriveSafeToday.com, Inc. and its agents and employees will not seek attorneys' fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
The User and DriveSafeToday.com, Inc. and its agent and employees agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.
The User and DriveSafeToday.com, Inc. and its agents and employees agree that no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, if any portion of this Mandatory Arbitration, Class Action Waiver and Other Restrictions provision is deemed invalid or unenforceable, then the entire provision shall not apply.
These Terms and Conditions govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. DriveSafeToday.com, Inc. and the User must initiate arbitration for any claim or dispute within one year from when it first could be filed. Otherwise, it’s permanently barred.
Termination
You agree that Drive Safe Today may terminate your account at any time for your violation of any of the provisions of these Terms. If you are dissatisfied with the Drive Safe Today Services, please let us know by contacting us at support@drivesafetoday.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Drive Safe Today in providing the Services, or (d) any content or information transmitted through the Services, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Drive Safe Today notice of termination by contacting us at support@drivesafetoday.com.
Complete Agreement
These Terms constitute the entire agreement between you and Drive Safe Today with respect to the use of the Drive Safe Today Site and Content. Your use of the Drive Safe Today Services is also subject to the Drive Safe Today Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Contact Us
For questions or comments about the Terms, please contact us at support@drivesafetoday.com.
Last Update: September 24, 2020