Terms and Conditions for Services Rendered by Don’tDrive
and Website Use and Information
A. DON’TDRIVE, (“Service Provider”) shall provide driver services in Client’s vehicle (the “Services”) to Client. Client and Service Provider will be collectively known as the parties.
B. Client acknowledges and agrees that Service Provider may use subcontractors and consultants, who will be independent contractors and not employees, to perform the Services to be provided under this Agreement, who will work in teams of two. The Driver & DesignatedDriver work together whereby the DesignatedDriver drives the Client to their destination in Client’s car while the Driver follows for safety and to transport the DesignatedDriver to his or her point of origin once the ride is completed.
C. Acknowledgement of Services: Client acknowledges that Service Provider provides the service of transporting individuals home in their own car. Service Provider does not fall under the Nevada Transportation Authority’s regulations for operating transport vehicles. Service Provider provides a service where Client is driven home in their own car by an independent contractor. In this manner, Client is allowing Service Provider to be a Permissive Driver of Client’s car, and Client is not transferring possession of the car to Service Provider, nor is Service Provider providing the Client with an alternative car. Clients ride in their own car and the driver is not required to operate under his or her insurance during the Services. Service Provider is not required to have a vehicle insurance policy under the state and federal laws of which the company operates. In the event of an accident where the DesignatedDriver has executed all reasonable skills and experience of a similar driver, Client agrees and acknowledges that their own vehicle insurance shall be the sole recourse for Client, unless another third-party driver is at fault, at which time Client can use recourse against that third-party driver.
- Fees. As consideration for Service Provider’s rendition of the Services, Client agrees to pay Service Provider the fees set forth as follows: $_______________ (the “Fees”).The Client has 5 minutes to cancel to ride after it has been requested or the individual will be charged a $5 cancelation fee.
- Billing and Payment. Upon ride completion, the Client will pay with cash and/or credit or debit card. Payments will be taken through the third-party point of sale system Square.
- Warranty. The Services to be performed hereunder are in the nature of sober driving services. Service Provider warrants that that the Services will be performed by qualified, appropriately licensed personnel in a professional and workmanlike manner in accordance with generally accepted driving standards and practices. Service Provider shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services hereunder.
LIMITATION OF WARRANTY. THE WARRANTY SET FORTH IN THIS SECTION 4. IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES. CLIENT’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF ANY AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.
- Indemnification. Each party (the “Indemnifying Party”) will indemnify, defend, and hold the other party, its officers, directors, employees, agents, partners, and/or shareholders (“Service Provider Parties”), harmless from any final court judgment (or settlement to which the parties have agreed) arising from personal injury or tangible property damage which is determined by a court to be caused by the gross negligence, willful misconduct or fraud of the Indemnifying Party or its authorized employees and personnel relating to this Agreement. The Indemnifying Party’s liability under this section shall be reduced proportionally to the extent that any act or omission of the other party, or its employees or agents contributed to such liability.
- LIMITATION OF LIABILITY; ACTIONS
IN NO EVENT SHALL SERVICE PROVIDER PARTIES BE LIABLE UNDER THIS AGREEMENT TO CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS CLAIMS, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SERVICE PROVIDER’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENT.
NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
- Cooperation of Client. Client agrees to comply with all reasonable requests of Service Provider and shall provide Service Provider’s personnel with access to all vehicles and information, including Client’s insurance information and driver’s license information, as may be reasonably necessary for the performance of the Services.
- Relationship of the Parties. The relationship of the parties hereto is that of service provider and service recipient through independent arms-length dealings. Nothing in this Agreement, and no course of dealing between the parties, shall be construed to create or imply an employment or agency relationship, a bailment or bailment-for-hire relationship, or a partnership or joint venture relationship between the parties or between one party and the other party’s employees or agents.
- Force Majeure. Neither party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of the party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. Each party shall use reasonable efforts to notify the other party of the occurrence of such an event within five (5) business days of its occurrence, which notice shall include a description of the force majeure event and an estimate of the length of time such event will delay or prevent performance hereunder.
- Partial Invalidity: In the event that any part or portion of this Agreement is deemed to be invalid, illegal, or otherwise unenforceable: (1) the parties shall use all reasonable efforts to negotiate in good faith to amend the term to eliminate any such invalidity, illegality, or unenforceability to the extent practically possible, taking into full account their original intent when entering into this Agreement; and (2) the remaining provisions of the Agreement shall continue in full force and effect.
- Survival: Following the termination of this Agreement, any provision set forth herein which, by its very nature, is intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting indemnification, limitation of liability, accrued payment obligations, and governing law and venue.
- Governing Law; Venue: This Agreement shall be governed by the laws of the State of Nevada without regard to its conflict of laws principles. The parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Washoe County, Nevada. Both parties hereby submit to the exclusive jurisdiction and venue of any such court.
- Attorneys’ Fees: If either party incurs any legal fees associated with the enforcement of this Agreement or any rights hereunder, the prevailing party shall be entitled to recover its reasonable outside attorney’s fees and any court, arbitration, mediation, or other reasonable litigation expenses from the other party.
- Counterparts and Electronic Signatures :This Agreement may be executed in one or more counterparts, and done on Service Provider’s website or app (if applicable), electronically, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others.
- Entire Agreement: The Agreement (along with any attachments incorporated herein) sets forth the entire agreement between the parties with respect to its subject matter and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise, relating hereto.
In witness whereof, the parties hereto have executed these Terms and Conditions for Services on the date set forth below.
Name: [insert signer’s name]
Title: [insert signer’s title]
Date: [insert date]
By: DON’TDRIVE, LLC
Name: [insert signer’s name]
Date: [insert date]
Agreement between User and dontdrive.life, a Website
Welcome to dontdrive.life. The dontdrive.life website (the “Site”) is comprised of various web pages operated by Don’tDrive (“DD”). dontdrive.life is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of dontdrive.life constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
dontdrive.life is a Transportation Network Site to be able to find your location when requesting a driver for your vehicle.
Visiting dontdrive.life or sending emails to DD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DD is not responsible for third party access to your account that results from theft or misappropriation of your account. DD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
DD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use dontdrive.life only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
dontdrive.life may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DD and DD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DD of the site or any association with its operators.
Certain services made available via dontdrive.life are delivered by third party sites and organizations. By using any product, service or functionality originating from the dontdrive.life domain, you hereby acknowledge and consent that DD may share such information and data with any third party with whom DD has a contractual relationship to provide the requested product, service or functionality on behalf of dontdrive.life users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DD or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your DD account to third party accounts. By connecting your DD account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by DD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DD Content accessed through dontdrive.life in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DD, its officers, directors, employees, agents and third parties that partner with DD, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DD in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DON’TDRIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DON’TDRIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DON’TDRIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DD as a result of this agreement or use of the Site. DD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DD reserves the right, in its sole discretion, to change the Terms under which dontdrive.life is offered. The most current version of the Terms will supersede all previous versions. DD encourages you to periodically review the Terms to stay informed of our updates.
DD welcomes your questions or comments regarding the Terms:
Effective as of September 17, 2019