Terms of Use
The following Terms of Use outline your obligations when using the now:driver website.
1. ACCEPTANCE OF TERMS
The web pages available at nowdriver.com, and all linked pages ("Site"), are owned and operated by Engine 38, LLC. ("Engine 38"), a California Limited Liability Company, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. ENGINE 38'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ENGINE 38, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
Engine 38 reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Engine 38 will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Engine 38's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Engine 38 may offer to provide certain services and content, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and content Engine 38 performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Engine 38 may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Engine 38 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with now:driver with a valid e-mail address and select a password. You shall provide Engine 38 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your now:driver account. Engine 38 reserves the right to refuse registration of, or cancel a now:driver account in its discretion. You shall be responsible for maintaining the confidentiality of your now:driver password.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Engine 38.
By way of example, and not as a limitation, you agree not to use the Services:
1. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
2. to create or submit unwanted email ("Spam") to any other now:driver users or any URL;
3. to violate any laws in your jurisdiction (including but not limited to copyright laws);
4. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
5. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
6. attempt to impersonate another user or person.
Engine 38 may remove or suspend any now:driver accounts at any time for any reason. To report Terms of Use abuse, please email: abuse@engine38.com.
6. NOW:DRIVER PRIVACY POLICY
Engine 38's current privacy policy for now:driver is available at nowdriver.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
7. INDEMNITY
You will indemnify and hold harmless Engine 38, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. WARRANTY DISCLAIMERS
You acknowledge that Engine 38 has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Engine 38 from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Engine 38 makes no representations concerning any content contained in or accessed through the Site or Services, and Engine 38 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Engine 38 has no control over such sites and resources, you acknowledge and agree that Engine 38 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Engine 38 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL ENGINE 38 OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. TERMINATION
Engine 38 may terminate or suspend any and all Services and your now:driver account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your now:driver account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Engine 38 in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Engine 38 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Engine 38's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Engine 38's prior written consent. Engine 38 may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
13. TRADEMARKS
NOW:DRIVER and other now:driver graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Engine 38 in the U.S. and/or other countries. Engine 38's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
The following Terms of Use outline your obligations when using the now:driver website.
1. ACCEPTANCE OF TERMS
The web pages available at nowdriver.com, and all linked pages ("Site"), are owned and operated by Engine 38, LLC. ("Engine 38"), a California Limited Liability Company, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. ENGINE 38'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ENGINE 38, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
Engine 38 reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Engine 38 will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Engine 38's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Engine 38 may offer to provide certain services and content, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and content Engine 38 performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Engine 38 may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Engine 38 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with now:driver with a valid e-mail address and select a password. You shall provide Engine 38 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your now:driver account. Engine 38 reserves the right to refuse registration of, or cancel a now:driver account in its discretion. You shall be responsible for maintaining the confidentiality of your now:driver password.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Engine 38.
By way of example, and not as a limitation, you agree not to use the Services:
1. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
2. to create or submit unwanted email ("Spam") to any other now:driver users or any URL;
3. to violate any laws in your jurisdiction (including but not limited to copyright laws);
4. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
5. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
6. attempt to impersonate another user or person.
Engine 38 may remove or suspend any now:driver accounts at any time for any reason. To report Terms of Use abuse, please email: abuse@engine38.com.
6. NOW:DRIVER PRIVACY POLICY
Engine 38's current privacy policy for now:driver is available at nowdriver.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
7. INDEMNITY
You will indemnify and hold harmless Engine 38, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. WARRANTY DISCLAIMERS
You acknowledge that Engine 38 has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Engine 38 from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Engine 38 makes no representations concerning any content contained in or accessed through the Site or Services, and Engine 38 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Engine 38 has no control over such sites and resources, you acknowledge and agree that Engine 38 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Engine 38 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL ENGINE 38 OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. TERMINATION
Engine 38 may terminate or suspend any and all Services and your now:driver account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your now:driver account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Engine 38 in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Engine 38 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Engine 38's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Engine 38's prior written consent. Engine 38 may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
13. TRADEMARKS
NOW:DRIVER and other now:driver graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Engine 38 in the U.S. and/or other countries. Engine 38's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.