USER AGREEMENT
(Last updated August 29, 2016)
PLEASE READ THESE TERMS AND CONDITION CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THE TERMS OF OUR PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.
This is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Policy. Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than as provided in our Privacy Policy. As a condition of use, Drive Cleaning requires your permission to send you administrative and promotional emails. We may send you information regarding your account activity, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
By signing on to our website, you may have requested us that we connect you with one of our local partners (the “Affiliated Business”) on the terms and conditions stated below. Drive Cleaning takes no responsibility for and makes no warranty regarding the services or products which may be provided by one or more of the Affiliated Businesses and the End User takes responsibility for his or her own actions in utilizing the services provided by such Business Affiliates. See Section 7, below, for more information on this limitation of Drive Cleaning’s liability.
If you have any questions about these terms, please contact Drive Cleaning.
To read the complete Drive Cleaning Terms and Conditions, please see below.
IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Drive Cleaning”) have provided. IF YOU DO NOT AGREE TO THESE TERMS OF USE (the “Terms of Use” or “Agreement”), PLEASE DO NOT USE THE SITE.
Although you may “bookmark” a particular portion of this Site and thereby bypass this User Agreement, your use of the Site still binds you to the terms and condition and notices set forth in the User Agreement.
Most communications between you and Drive Cleaning will be received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and Drive Cleaning electronically shall satisfy any legal requirements that such communications be in writing.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and various other information.
Drive Cleaning reserves the right to correct any errors, inaccuracies or omissions or change or update information at any time without prior notice.
Drive Cleaning reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
I. TERMS OF USE
1. Definitions.
“CWD Network, Inc. DBA Drive Cleaning” provides an interactive online service (herein referred to as “Drive Cleaning”) on the World Wide Web of the Internet (the “Web”), consisting of information services, content and certain transaction capabilities provided by Drive Cleaning, affiliates of Drive Cleaning and other third parties.
2. General.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Drive Cleaning, and Drive Cleaning shall not be responsible for any data lost while transmitting information on the Internet. While it is Drive Cleaning’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Drive Cleaning access to the Site may be interrupted, suspended or terminated from time to time.
Drive Cleaning shall have the right at any time to change or discontinue any aspect or feature of Drive Cleaning, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Drive Cleaning may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
Drive Cleaning reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Drive Cleaning’s posting thereof. Any use of Drive Cleaning by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
4. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Drive Cleaning shall not be liable for any damages to the End User’s equipment resulting from the use of this Site. Usage of the Internet and the World Wide Web may subject an End User to viruses and the damage that they can cause and you assume all responsibility for such usage. Drive Cleaning assumes no responsibility, and shall not be responsible for, any damages to or viruses that may infect your computer or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images or video from the Site.
5. End User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Drive Cleaning’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Drive Cleaning’s sole and unfettered discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Drive Cleaning. The foregoing provisions of this Section 5 apply equally to and are for the benefit of Drive Cleaning, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of CWD Network, Inc. DBA Drive Cleaning, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF CWD NETWORK, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Drive Cleaning protected by copyright as a collective work under the United States copyright laws. Drive Cleaning owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Drive Cleaning and/or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Drive Cleaning shall not be deemed to be in the public domain but rather the exclusive property of Drive Cleaning, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Drive Cleaning, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Drive Cleaning does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Drive Cleaning the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants Drive Cleaning the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of Drive Cleaning, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
END USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE SERVICES AND PRODUCTS OFFERED ON THIS SITE AND THE MICROSITES, IF ANY, ARE PROVIDED BY AFFILIATED BUSINESSES AND NOT BY DRIVE CLEANING. DRIVE CLEANING MAKES NO WARRANTY WHATSOVER REGARDING THE SERVICES OR PRODUCTS PROVIDED BY SUCH AFFILIATED BUSINESSES AND END USER UNDERSTANDS AND EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE FOR ITS USE OF SUCH SERVICES AND PRODUCTS. IN NO EVENT SHALL DRIVE CLEANING, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL SERVICES AND PRODUCTS PROVIDED BY DRIVE CLEANING, BUSINESS AFFILIATES AND ALL CONTENT ON THIS SITE AND THE MICROSITES.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER DRIVE CLEANING, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT DRIVE CLEANING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DRIVE CLEANING, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
DRIVE CLEANING IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DRIVE CLEANING. MOREOVER, DRIVE CLEANING RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, DRIVE CLEANING, DEEMS UNSUITABLE. IN THE EVENT OF ANY DISPUTE OR CLAIM REGARDING SUCH POSTED OR UPLOADED CONTENT, END USER DOES HEREBY RELEASE AND FOREVER DISCHARGE DRIVE CLEANING, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND ALL OF THEIR HEIRS, EXECUTORS,ADMINISTRATORS, SUCCESSORS AND ASSIGNS FROM AND WAIVE ALL RIGHTS TO ANY AND ALL CLAIMS AGAINST DRIVE CLEANING, BOTH KNOWN AND UNKNOWN, AND END USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS DRIVE CLEANING, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM OR DISPUTE RELATED THERETO.
8. Monitoring.
Drive Cleaning shall have the right, but not the obligation, to monitor the content of the Site at all times, including chat rooms and forums, if any, that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Drive Cleaning, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Drive Cleaning shall have the right to remove any material that Drive Cleaning, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities, if any (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Drive Cleaning does not control or endorse the content, messages or information found in any Community, and, therefore, Drive Cleaning specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Drive Cleaning (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. By posting comments, messages or other information on the Site, End User grants Drive Cleaning the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Drive Cleaning’s Privacy Policy.
10. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to Drive Cleaning a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
11. Indemnification.
End User agrees to defend, indemnify and hold harmless Drive Cleaning, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site and/or the Microsites or a violation of this User Agreement by End User.
12. Termination.
Drive Cleaning may terminate this Agreement at any time. Without limiting the foregoing, Drive Cleaning shall have the right to immediately terminate passwords or accounts of End User, if any, in the event of any conduct by End User which Drive Cleaning, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
13. Trademarks.
Drive Cleaning is a trademark of Drive Cleaning, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Drive Cleaning are the property of their respective owners.
14. Third Party Content.
Drive Cleaning, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Drive Cleaning has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Drive Cleaning. Neither Drive Cleaning nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
The content available through this Site may represent the opinions and judgments of the respective information provider, end user, or other user not under contract with Drive Cleaning. Drive Cleaning neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Drive Cleaning by anyone other than authorized Drive Cleaning employee spokespersons while acting in official capacities. Under no circumstances will Drive Cleaning be liable for any loss or damage caused by an end user’s reliance on information obtained through Drive Cleaning. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Drive Cleaning.
Drive Cleaning contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Drive Cleaning of the contents on such third-party sites and Drive Cleaning hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Drive Cleaning expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Drive Cleaning reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement and any operating rules for Drive Cleaning established by Drive Cleaning constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Drive Cleaning’s headquarters are in Skokie, Illinois. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Illinois (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Chicago, Illinois by a single arbitrator under the commercial arbitration rules the American Arbitration Association. Any award rendered pursuant to such arbitration shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.
