YOU HEREBY CERTIFY THAT THE INFORMATION YOU PROVIDE TO US IS TRUE AND CORRECT AND THAT THE IDENTIFICATION YOU PROVIDED TO US IS YOURS. IF AT ANY POINT THIS INFORMATION IS NOT CORRECT, YOU MUST NOTIFY TRUSTED DRIVER, INC. IMMEDIATELY.
PLEASE READ THE FOLLOWING DISCLAIMER CAREFULLY BEFORE CLICKING ACCEPT BELOW:
DISCLAIMER: WE ARE NOT THE UNITED STATES GOVERNMENT, ANY AGENCY THEREOF, POLICE DEPARTMENT, OR ANY OTHER LOCAL, STATE, MUNICIPAL OR FEDERAL AGENCY, OR ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL ORGANIZATION. PARTICIPATING IN THE TRUSTED DRIVER PROGRAM DOES NOT ALLOW YOU TO BREAK ANY APPLICABLE LAWS OR OTHERWISE DISREGARD ANY RULES OR REGULATIONS ISSUED BY THE STATE, CITY, MUNICIPALITY, FEDERAL OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY WITH REGARDS TO ANY TRAFFIC LAWS, TRANSPORTATION LAWS, DRIVING RESTRICTIONS, RULES, REGULATIONS OR OTHERWISE.
MOTOR VEHICLE RECORDS AND AUTHORIZATION
To maintain the safety and security of its participants, Trusted Driver, Inc. (the "Trusted Driver") may conduct a motor vehicle record (MRV) check on you and other drivers of your vehicle (the "Participant" or "Participants") in connection with the Trusted Driver Program (the "Program"). Information disclosed from an MRV check includes, but is not limited to, a Participant’s driver’s license information, accident reports, traffic violations, license suspensions and vehicular crimes. These checks will solely be used to investigate your driving history.
CONSENT TO RELEASE MVR TO TRUSTED DRIVER
I hereby consent to the release of my MRV to Trusted Driver. I understand that Trusted Driver may rely on this consent to order my MVR during my enrollment as a Participant in the Program without further authorization. I also consent to the review and evaluation of my MVR by Trusted Driver.
I hereby agree that Trusted Driver may rely on this consent to order my MVR from any third-party companies and, unless otherwise required by law, shall not need further authorization or consent separate from the one granted herein to obtain, review and evaluate such records.
This consent is given in satisfaction of the Drivers Privacy Protection Act (DPPA) and is intended to constitute "written consent" as required by the DPPA. I certify that all of the personal information I provided is current, true and correct.
HEALTH INFORMATION (OPTIONAL) *** IMPORTANT ***
In order to facilitate interactions between a Trusted Driver Participant(s) and a law enforcement officers and any first responders (the "Officer" or "Officers"), you may elect to provide the following health information. The information you provide in response to this section will be made available to any Officer working for a police department or first responder that has adopted the Trusted Driver Program. This information will be displayed to the Officer if the Officer runs the license plates of the vehicle subscribed to the Trusted Driver Program. This information may be useful to the Officer approaching you during a traffic stop. Any health information you choose to provide shall solely be used for the purpose of making special considerations relative to your health during a traffic stop.
CONSENT FOR USE AND RELEASE OF INFORMATION
I consent to Trusted Driver using and disclosing the health information I chose to disclose, solely for purposes of informing police departments and/or Officers that have adopted the Trusted Driver Program, about my health issues.
I acknowledge that my health information will be utilized by Trusted Driver to create better communication between an Officer and me; however, Trusted Driver makes no warranties or representations regarding the proper use of any of such information by a police department and/or an Officer; nor does Trusted Driver guarantee that the information will be of any benefit to me, the police department or an Officer; nor that it will in any way prevent any unpleasant, difficult or violent encounter between the Officer and myself. Accordingly, I understand and agree that Trusted Driver shall in no way be responsible or liable to me or others related to the use of my health information.
I understand that I can withdraw my permission to use this information at any time by adjusting the settings of my account through the Trusted Driver website at: www.mytrusteddriver.com or through my mobile device. I understand that prior actions taken that relied on this authorization and had permission to disclose my health information will not be affected. I understand that it may take up to thirty (30) business days for revocation to take effect.
WELCOME TO THE TRUSTED DRIVER PROGRAM!
By enrolling in the Program, streaming, downloading, installing, or otherwise using the Program, You (a) represent that You have voluntarily read, understand and accept these Terms and agree to be bound by and become a party to these Terms; and (b) represent that You are at least thirteen (13) years of age or older. If You are between thirteen (13) and seventeen (17) years of age, You must have at least one of Your parents' or legal guardians’ permission to use the Program.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TRUSTED DRIVER.
If You are accepting these Terms on behalf of another person, You represent and warrant that You have full authority to bind that person to these Terms, and that by Your signing of the enrollment application, such person is hereby bound.
If You do not agree to these Terms or any of its parts, and/or if You are younger than thirteen (13) years of age, then You must refrain from enrolling, accessing, streaming, downloading, installing or otherwise using the Program, and You must delete it from Your mobile or otherwise electronic device.
THE TRUSTED DRIVER PROGRAM
The purpose of the Program is to facilitate traffic stops by minimizing face-to-face interactions between motorists and law enforcement officers (the "Officer" or "Officers") in order to reduce potentially dangerous situations for either party.
The Program allows Officers to issue contactless traffic citations for minor traffic violations. Minor traffic violations include, but are not limited to, speeding; disobeying traffic lights, signs or symbols; driving on the shoulder of the road; driving with expired plates or without plates; and failure to signal. This is done at no cost to You, the motorist.
The Program allows an Officer to first verify the driver of the motor vehicle that has committed a minor traffic violation based on the information that is provided in Your Trusted Driver account. This is done with a simple non-verbal communication to Your electronic device, such as Your mobile device, Your motor vehicle’s dashboard screen or Your Computer (each an "Electronic Device"). An Officer will send a non-verbal communication to Your Electronic Device, and You will respond by verifying You are, or were, driving the motor vehicle. At this point, the Officer has discretion as to issuing a warning, a citation or can even provide You positive feedback. The process does not require a traffic stop to take place, but the Officer may still conduct a traffic stop.
IDENTIFYING AND PROOFING
The first time You enroll in the Program, the Program requires a high degree of certainty that You are who You claim to be. Once You set up a Trusted Driver account, We may initiate a process called identity proofing. Identity proofing takes information about You and attempts to verify that information and then validate that You, the Participant, are the individual You represent that You are. The process of identity proofing generally includes, but is not limited to, Your name, date of birth, home address, phone number, a photo of Yourself and a photo of government-issued identification, such as Your driver's license (collectively, the "Identity Evidence").
After You provide Us with this Identity Evidence, We will attempt to validate it against various authoritative sources, and We may use third-party identity proofing services to assist Us with such validation. For instance, if You submit a photo of Your driver’s license from Your state of residence, We may compare the information on it to Your MVR to ensure that You exist in Your respective state agency records. We may also use technology to look for certain security features on the driver’s license to ensure that it is not fake.
We have the right to reject any applicant’s application at Our sole discretion.
In addition to details about Your consent stated elsewhere in these Terms, by accepting these Terms and enrolling in the Program, You agree that:
- You are of legal driving age in the state which issued Your driver’s license, learner’s permit, or restricted license (each a "Driver's License");
- You possess a valid Driver's License, and you are authorized and medically fit to operate a motor vehicle and have all appropriate insurance(s), approval(s) and authority(ies) to drive
- You own, or have the legal right to operate, the motor vehicle(s) You are enrolling into the Program;
- Any and all information, including but not limited to the Identity Evidence, You provide to Us is complete and accurate;
- When You verify Your identity, the identity You claim when participating in the Program is Your own;
- You agree that We may obtain information about You, including Your criminal and driving records, and You agree to provide any further necessary authorizations to facilitate Our access to such records during Your participation in the Program;
- You will keep Your personal and login information confidential;
- You will maintain accurate information in Your account at all times;
- While driving You will comply with any and all applicable local, state, and federal laws;
- You will be honest in responding to the Program’s non-verbal communication prompts; and
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules You for the operation of the motor vehicle in amounts meeting the least minimum amounts as required by law.
There are certain types of conduct that are strictly prohibited while using the Program. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (in Our sole discretion) in the termination of Your account and may also expose You to civil and/or criminal liability.
You may not, whether Yourself or through any other means or person:
- infringe or violate any of these Terms;
- continue to participate in the Program after enrollment if Your Driver’s License is suspended, revoked, canceled or denied;
- use the Program to violate any federal, state, or local laws, rules or regulations;
- use a communication device and/or electronic device while operating Your motor vehicle to access the Program; or
- fail to pull over if an Officer is attempting to pull You over and conduct a traffic stop.
The foregoing examples of unlawful acts while enrolled in the Program do not constitute an exhaustive list of restricted uses.
All intellectual property rights in and to the Program and its source code or database, including copyrights, trademarks, industrial designs, patents, and trade secrets, are either the exclusive property of Trusted Driver or its affiliates or are exclusively licensed to Trusted Driver. The Program is protected, among others, by the United States Copyright Law as well as by applicable copyright provisions prescribed by any other applicable law, in the United States and elsewhere.
"Trusted Driver," the Trusted Driver logo, and other trade and/or service marks are the property of Trusted Driver or its affiliates, and You may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Trusted Driver.
The design, trade dress, and the "look and feel" of the Program and/or on the Trusted Driver Website are protected works under applicable copyright laws, and Trusted Driver and its affiliates retain all intellectual property rights in them. The Program license granted to You in these Terms does not extend to or include a license to use the Program or any mark, indicator, logo or notion embedded on the Program. You may not copy or print more than one copy of any data or material appearing on the Site.
Trusted Driver hereby grants You a free of charge, non-exclusive, time-limited, non-sub-licensable and revocable license to use the Program (including the Software) for non-commercial purposes, subject to these Terms.
USE OF THE PROGRAM
You may use the Program solely for private and personal purposes. You may not use the Program for any commercial purposes. You may not copy, print, save or otherwise use data from the Program's database. When using the Program, You may not engage in any form of scraping, data mining, harvesting, screen scraping, data aggregating and indexing.
You agree that You will not use any robot, spider, scraper or other automated means to access the Program’s database for any purpose without the express prior written permission of Trusted Driver.
There are certain types of conduct that are strictly prohibited when using the Program. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result, at Trusted Driver's sole discretion, in the termination or suspension of Your access to the Program and/or account, and also expose You to civil and/or criminal liability.
- copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the content included in the Program, or in any way publicly display, perform or distribute the Program’s content;
- replicate or copy the content included in the Program without Trusted Driver’s prior written consent;
- interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about users of the Program without their express consent, including using any robot, spider, or retrieval application, or other manual or automatic device or process used to retrieve, index, or data mine;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ copyrights and other intellectual property rights;
- transmit or otherwise make available in connection with the Program any virus, worm, Trojan Horse, time bomb, web big, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, and any other actually or potentially harmful, disruptive or invasive code or component;
- interfere with or disrupt the operation of the Program, or the servers or networks that host the Program or make the Program available, or disobey any requirements, procedures, policies or regulations of such servers or networks.
- sell, license or exploit for any commercial purposes any use of or access to the content and or the Program;
- frame or mirror any part of the program without Trusted Driver’s prior written authorization;
- create a database by systematically downloading and storing all or any of the content from the Program;
- forward any data generated from the Program without the prior written consent of Trusted Driver;
- transfer or assign Your Program account login information, even temporarily, to a third party;
- use the Program for any illegal, immoral or unauthorized purpose;
- use the Program or the content for non-personal or commercial purposes without Trusted Driver’s prior written consent; or
- infringe or violate any of these Terms.
Trusted Driver may terminate or suspend Your use of the Program and/or account without prior notice if You breach any of the above-mentioned prohibited conduct.
To participate in the Program, You will be required to set up an account with Your mobile device’s phone number and/or email address. Once Your account is registered, You must select a username and password (collectively, the "User ID"), and complete Your enrollment by filling in the required profile information. You agree to provide Us with accurate, complete, and updated registration information about Yourself. You may not select a User ID name that You do not have the right to use or another person’s name with the intent to impersonate that person. Furthermore, You should not share either component of Your User ID with anyone. You are responsible for any and all activity associated with Your account, and it is Your responsibility to protect the security of Your User ID.
Trusted Driver will not sell any of Your data or personal information to anyone, will not track the activity of its Participants, and will use leading industry standard practices to protect Your privacy while You have an account with the Program.
CHILDREN’S PERSONAL INFORMATION
We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information online from children under the age of thirteen (13). If a child under the age of thirteen (13) has provided Us with personal information, data or similar content, We ask that a parent or legal guardian contact us through Our Website, so we can remove all information provided by the child and promptly terminate the account.
TERMINATION BY YOU
You may terminate or suspend Your account at any time and for whatever reason. You are not obligated to advise Trusted Driver of such termination.
To suspend Your account, visit the Trusted Driver website at www.mytrusteddriver.com (the "Website") from a computer and log into Your account. Under the settings menu, You can choose to temporarily suspend Your account.
To terminate Your account, visit the Trusted driver Website from a computer and log into Your account. Under the settings menu, You can choose to delete Your account. You have a thirty- (30-) day period after You initiated the termination of Your account to cancel Your account termination. However, thirty- (30-) day period, Your account and all Your information, data and/or Identity Evidence will be permanently deleted, and You will not be able to retrieve any of Your information.
TERMINATION BY TRUSTED DRIVER
Trusted Driver may immediately terminate or suspend Your participation in the Program at any time with or without notification: (a) if You have violated these Terms, (b) if Trusted Driver determines, in its sole discretion, that You engaged in an act or omission that is harmful or may be harmful to the Program, its users, Trusted Driver or any of its agents or affiliates or (c) if You use the Program for any unlawful purpose.
As a Participant of the Program, if You are driving through a city, municipality, county or otherwise whose police department has adopted the Trusted Driver Program, and You are violating a traffic law, the Officer witnessing such violation may use his or her discretion to either: (a) initiate a traffic stop or (b) initiate the process of issuing You a traffic citation through the Program. If the Officer elects to issue a citation through the Program, You will receive a non-verbal communication on Your Electronic Device to the number provided with the Program, requesting verification that You are driving the motor vehicle involved in the traffic law violation. You agree to answer truthfully under penalty of perjury.
YOU ACKNOWLEDGE THAT CONFIRMING THAT YOU ARE THE PERSON DRIVING THE MOTOR VEHICLE ON THE PROMPT IS NOT AN ADMISSION OF GUILT. YOU ARE SIMPLY CONFIRMING TO THE OFFICER THAT THE PERSON DRIVING THE MOTOR VEHICLE IS A TRUSTED DRIVER PROGRAM PARTICIPANT.
If You mistakenly answer "YES" to a prompt, then You must notify Trusted Driver within five (5) days of such submission, otherwise, Your response shall be deemed correct for all legal purposes, AND YOU HEREBY WAIVE ANY AND ALL RIGHTS TO CONTEST OR OTHERWISE DISPUTE THE IDENTITY OF THE DRIVER OF THE MOTOR VEHICLE IN ANY COURT OF LAW.
When You enroll and participate in the Program, You are responsible at all times for Your conduct and its consequences. You are obligated to comply with any and all federal, state and local traffic laws, rules and regulations, including, but not limited to, pulling over if an Officer is attempting to conduct a traffic stop. Being a Program Participant and agreeing to receive non-verbal communications through the Program does not keep You from having to safely pull over for an Officer.
HOW TO PAY A CITATION
In the event that You receive a traffic citation, You have the option to pay, challenge or defer the traffic citation or choose to take a defensive driving course. If You plan to challenge, defer or take a defensive driving course, You must make an appearance in the applicable court by Your appearance date stated on the electronic citation.
However, if You choose to pay for Your citation, You can simply click on the “Pay Citation” button to provide electronic payment by credit/debit card transaction. You can find Your citation number at the top of the electronic citation, and the citation fee at the bottom of the electronic citation. To pay the citation fee, simply type in Your citation number, provide Your credit/debit card information, and press “Pay.”
If a designated payment fails for any reason, You remain obligated to timely pay any amount then due in accordance with the court attendance date.
Once You terminate or suspend Your account, citations will no longer be issued to You through the Program. However, any outstanding citations will remain on Your record and will need to be resolved. You acknowledge that You are solely responsible for resolving any and all respective outstanding citations and that Trusted Driver will not be liable in any manner whatsoever to You for any action(s) taken against You in connection with any outstanding citations. Termination or suspension of Your account, either by You or Trusted Driver, does not, in any way, expunge Your outstanding citation(s). Solely choosing to terminate or suspend Your Program account will disable non-verbal communications from the Program appearing on Your Electronic Device, but such action does not expunge Your outstanding citation(s).
At the time the citation is processed through the Program, whether paying, challenging or deferring the citation, You may be asked about Your insurance and will have to show proof of valid insurance at that time.
You understand and agree that, pursuant to Tex. Transp. Code § 545.4251, it is a violation to use a communication device while operating a motor vehicle unless the motor vehicle is stopped. Accordingly, if You are driving the motor vehicle, You must safely pull over to respond to the non-verbal communication from the Officer. Failure to pull over will be at Your sole risk.
Furthermore, in the event that an Officer is conducting a traffic stop after You have received a non-verbal communication from the Program and verified that You are driving the motor vehicle, You MUST slow down, move the motor vehicle as far to the right of the main traffic lane as possible (or safely to an area that is immediately available and free from other traffic), place the motor vehicle in a parking position, and wait for further instructions from the Officer. Being a Participant does not waive Your obligation to pull over and stop if an Officer has initiated a traffic stop.
You should always drive diligently according to road conditions and in accordance with all traffic laws, rules and regulations. It is strictly forbidden to non-verbally interact with the Program or use the Program in a non-verbal manner for any purpose while operating Your motor vehicle. Non-verbal responses You want to submit to the Program may only be sent either (a) by You, once You have safely stopped Your motor vehicle in an appropriate location permitted by law or (b) by a passenger other than You, the driver, if it does not interfere with the due course of driving and does not distract Your attention to the road.
WAIVER OF CLAIMS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST TRUSTED DRIVER, ITS EMPLOYEES, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS AND THE APPLICABLE POLICE DEPARTMENT, ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AFFILIATES, OFFICERS AND DIRECTORS, AND LAW ENFORCEMENT OFFICER(S) ISSUING THE CITATION THROUGH THE PROGRAM BY NON-VERBAL COMMUNICATION, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES FOR ANY LOSS OR DAMAGES SUFFERED BY YOU DUE TO BODILY INJURY, INCLUDING DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE PROGRAM, OR DUE TO ANY BREACH OF THESE TERMS BY YOU, OR YOUR FAILURE TO COMPLY WITH SUCH LAW(S), INCLUDING, BUT NOT LIMITED TO ANY PERSONAL INJURY, INCLUDING DEATH OR PROPERTY DAMAGE TO YOU OR YOUR MOTOR VEHICLE. THIS WAIVER SURVIVES THE TERMINATION OF THE PARTICIPANT'S ACCOUNT AND OR USE OF THE PROGRAM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRUSTED DRIVER, ITS EMPLOYEES, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS AND THE APPLICABLE POLICE DEPARTMENT, ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AFFILIATES, OFFICERS AND DIRECTORS, AND LAW ENFORCEMENT OFFICER(S) ISSUING THE CITATION THROUGH THE PROGRAM BY NON-VERBAL COMMUNICATION, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF ACTUAL OR ALLEGED BODILY INJURY OR PERSONAL INJURY OF ANY PERSON, THIRD PARTY OR PARTIES, INCLUDING DEATH, OR LOSS OR DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE PARTICIPANT, DUE TO ANY BREACH OF THESE TERMS, USE OF THE PROGRAM, OR VIOLATION OF ANY FEDERAL, STATE AND LOCAL LAWS. THIS INDEMNIFICATION EXTEND TO THE SUCCESSOR AND ASSIGNS OF THE PARTICPANT. THIS INDENIFICATION OBLIGATION SURVIVES THE TERMINATION OF THE PARTICPANT’S ACCOUNT AND/OR USE OF THE PROGRAM.
You agree that neither the applicable Police Department nor the Officer using the Program to exchange non-verbal communication(s) with You shall, under any circumstances or in any event whatsoever, have any liability for any failure of You to comply with applicable laws, rules and regulations, including, but not limited to, traffic laws while operating a motor vehicle, nor any personal injury to Yourself or a third party, including death, property damage or any other damage resulting therefrom.
TRUSTED DRIVER COMMUNICATION(S) CONSENT
You hereby agree to receive non-verbal communications from Trusted Driver and Officers or agents thereof, in connection with the issuing of a citation, commendation, warning or otherwise communicating from the Officer witnessing a traffic violation. You will receive an initial non-verbal communication during the enrollment process containing a confirmation code. Data rates may apply. Transmitting and receiving non-verbal communications and receiving real-time non-verbal communications from the Program requires an online connection between Your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between You and Your communication service provider, and according to its applicable terms of payment. Non-verbal communications are not available in all areas. Not all mobile devices may be supported. Trusted Driver is not responsible for the successful delivery or any delays in Your transmitting and receiving of nonverbal communication(s).
Trusted Driver reserves the right to add, remove, change or otherwise modify features and/or functionality of the Program, including these Terms, from time to time, for any reason or no reason at all, without notice to You. If fundamental changes are introduced, a notice will be posted in the updated version of the Program as well as on the Program’s Website. Your continued participation in the Program after the Terms have been modified shall be deemed Your consent to the updated Terms. If You dissent to the updated Terms or to any term within them, You must discontinue participation in the Program by terminating Your use of the Program.
NOT A SOLICITATION
None of the Program or any of the Program’s content(s), non-verbal communications or the receipt of a citation(s) constitutes a solicitation or offer by Trusted Driver to represent You in any matter or legal dispute.
KNOW YOUR RIGHTS
Laws and regulations vary among jurisdictions. Therefore, any and all content included in the Program is not intended as, nor is it a substitute for, specific legal advice, and You should not be construed as such by You or anyone else. If You want or need legal advice regarding Your citation(s) in connection to the Program, You should speak with a lawyer to receive legal advice. The Program also does not represent, warrant, or otherwise promise that all information on this Program is complete, accurate or up to date.
GOVERNING LAW OF THESE TERMS
These Terms shall be governed and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions.
VIOLATIONS OF THESE TERMS
Trusted Driver has the right, but not the obligation, to investigate, pursue and seek to prosecute, litigate or refer to law enforcement, violations of these Terms or any applicable law to the fullest extent permissible by law. Trusted Driver reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to the Program for any reason, in violation of these Terms or otherwise harmful to the services or the Trusted Driver community. If We believe You are abusing Trusted Driver, its affiliated subsidiaries, officers, directors or agents, its Participants or the Officers in any way or violating the letter or spirit of these Terms, We may, at Our sole discretion, and without limiting other remedies, limit, suspend or terminate your user account(s) and access to the Program and take technical and legal steps to prevent You from using Our Program. Additionally, We reserve the right to refuse or terminate Our Services to anyone for any reason at Our discretion to the full extent permitted under applicable law.
BREACH OF THESE TERMS
Trusted Driver may give notice by means of a general notice by electronic mail to the email address associated with Your account or through the mobile device phone number provided during enrollment or by written communication sent by first-class mail or pre-paid post to any address connected with Your enrollment. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first-class mail or pre-paid post) or at the time of sending (if sent by email or telephone). You may give notice to Trusted Driver, with such notice deemed given when received by Trusted Driver, at any time by first-class mail or pre-paid post. If another provision of these Terms addresses any specific notice (for example, a notice of updates to these Terms or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
You and Trusted Driver agree that any dispute, claim or controversy in any way arising out of or relating to (a) these Terms and any prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver or validity thereof, (b) Your participation in the Program at any time, (c) incidents or accidents resulting in personal injury or property damage that You allege occurred in connection with Your participation in the Program, whether the dispute, claim or controversy occurred or accrued before or after the date You agreed to the Terms, or (d) Your relationship with Trusted Driver will be fully and finally settled by binding arbitration between You and Trusted Driver, and not in a court of law. This agreement to arbitrate survives after Your participation in the Program terminates.
You acknowledge and agree that you are waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated or representative proceeding.
This agreement to arbitrate shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to Your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to Your participation in the Program. To the extent that any third-party beneficiary to this agreement brings claims against Trusted Driver; those claims shall also be subject to this arbitration agreement.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at American Arbitration Association | ADR.org or by calling the AAA at 1-800-778-7879.
The parties to these Terms agree that the arbitrator (the "Arbitrator"), and not any federal, state or local county court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches or estoppels. If there is a dispute about whether this agreement to arbitrate can be enforced or applies to a dispute, You and Trusted Driver agree that the Arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et. seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement and administration of this agreement to arbitrate, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found not to apply to any issue regarding the interpretation or enforcement of this agreement to arbitrate, then that issue shall be resolved under the laws of the state of where You reside when You accept these Terms.
Prior to initiating an arbitration, You and Trusted Driver each agree to notify the other party in writing of any dispute and agree to attempt to use their best efforts to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute and the relief sought. Notice to Trusted Driver must be sent to Trusted Driver, Attn: Sasha Begum, Attorney for Trusted Driver, Inc. Neither party shall initiate arbitration until thirty (30) days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitation and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.
In order to initiate arbitration, a party must provide the other part with a written Demand for Arbitration and file the Demand with the AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at American Arbitration Association | ADR.org or by calling the AAA at 1-800-778-7879. A party initiating any arbitration against Trusted Driver must send the written Demand for Arbitration to Trusted Driver, Attn: Sasha Begum, Attorney for Trusted Driver, Inc or serve the Demand on Trusted Driver’s registered agent for the service of process, c/o Trusted Driver. The Arbitrator will be either (1) a retired judge or (2) an attorney with experience in law enforcement or (3) the Arbitrator will be selected by the parties from the AAA’s National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
If Your claim does not exceed 25 thousand dollars ($25,000.00), then the arbitration will be conducted on the basis of documents submission only, unless You request a hearing, or the Arbitrator determines that a hearing is necessary. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Any arbitration will be conducted in Bexar County, Texas.
The award of the Arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Should You desire to file any claim against Trusted Driver, arising out of or related to these Terms or the Program, You must do so within one (1) year of the event giving rise to the liability. Failure to file a claim in accordance with the Arbitration clause above within the aforementioned timeframe will bring about the permanent barring of the cause of action and will constitute Your complete and final waiver of such claim.
LIMITATION OF LIABILITY AND WARRANTY
You agree and acknowledge that You assume full, exclusive, and sole responsibility for Your acts and omissions as a Participant in the Program, and You further agree and acknowledge that Your enrollment in and participation in the Program is made entirely at Your own risk. You further acknowledge that it is Your responsibility to comply with all local, state, and federal laws (including, but not limited to, all traffic laws, rules, and regulations) while enrolled in and participating in the Program.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUSTED DRIVER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE PROGRAM, YOUR ENROLLMENT IN THE PROGRAM, OR THE ACTS OR OMISSIONS OF ANY OFFICERS, TRAFFIC COURT OR OTHERWISE.
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, TRUSTED DRIVER OFFERS THE PROGRAM “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE CONCERNING THE PROGRAM, THE CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PROGRAM, ITS USE, THE BENEFITS TO YOU THEREFROM OR THE ACTS OR OMISSIONS OF ANY LAW ENFORCEMENT OFFICER.
UNDER NO CIRCUMSTANCES SHALL TRUSTED DRIVER BE LIABLE TO YOU FOR ANY AMOUNTS EXCEEDING ONE HUNDRED DOLLARS ($100).
ASSIGNMENT OF RIGHTS
You may not assign or transfer Your rights in and to the Program. Any attempted assignment shall be deemed a material breach of these Terms subject to immediate removal from the Program.
SEVERABILITY AND SURVIVAL
If any portion of these Terms is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms.
You may contact Us concerning any questions about the Program and enrolling in the Program through the "Contact Us" page on Our Website. We will make Our best efforts to address Your inquiry promptly.
Any signature, including any electronic symbol or process, attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to these Terms, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Texas Electronic Signatures Act, Section 322.007 of the Uniform Electronic Transactions Act or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.