Terms & Conditions

Please read these Terms and Conditions (the “Terms and Conditions”) carefully before you use any of the Driver Whiz. By accessing and using the Driver Whiz Site you acknowledge and agree that you will abide by these Terms and Conditions. If you do not agree to these Terms and Conditions you should not use the Driver Whiz Site or any services, information or content made available on the Driver Whiz Site.

Use Terms and Ownership

The Driver Whiz Site

The Driver Whiz Site includes, without limitation:

(i) All Driver Whiz services that are accessible through the Driver Whiz Site (collectively the “Driver Whiz Site Services”);

(ii) the Driver Whiz software products which are available for download and/or sale, including but not limited to commercial software products, freeware software products and trial versions and pre–release beta version of the aforementioned software products (collectively “the Driver Whiz Software Products”);

(iii) information, including but not limited to, technical, contractual, product, program, pricing, marketing and other valuable information (collectively the “Information”); and

(iv) content, including but not limited to, data, text, software, music, sounds, photographs, graphics, videos, messages and other materials (collectively the “Content”).

Use Terms for the Driver Whiz Software Products

These Terms and Conditions do not apply to the Driver Whiz Software Products. The right to use the Driver Whiz Software Products is granted subject to the applicable end user license agreement for the various Driver Whiz Software Products.

Driver Whiz is certifed as a Trusted Download Program by TRUSTe signifying that the Driver Whiz application has been tested TRUSTe for compliance with TRUSTe’s TDP program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding the Driver Whiz application, please contact us at 383 Media, Inc., 4683 Chabot Drive, Suite 220, Pleasanton, CA 94588 or by email at driverwhiz@driversupport.com or by phone at 512.373.3518. If you are not satisfied with our response you can contact TRUSTe here.

Use Terms for the Driver Whiz Site, the Driver Whiz Site Services, the Information and the Content

The Driver Whiz Site, the Driver Whiz Site Services, the Information and the Content are subject to these Terms and Conditions and any specific terms and conditions and/or Terms of Use which may be applicable to certain of the Driver Whiz Site Services, the Information and/or the Content (the “Specific Terms and Conditions”). In case of any conflict of any provisions of the Specific Terms and Conditions and any provisions of these Terms and Conditions, the Specific Terms and Conditions shall prevail over these Terms and Conditions.

Subject to these Terms and Conditions and/or subject to any Specific Terms and Conditions, you are entitled to:

(i) use and view the Driver Whiz Site and the Driver Whiz Site Services, the Information and the Content for your personal, non–commercial use only; and

(ii) reproduce any Information and Content that is made available for download on the Driver Whiz Site and/or through the Driver Whiz Site Services for your personal, non–commercial use only provided, however, that you do not: (a) modify such Information and/or Content; and (b) remove or modify any copyright notice or trademarks.

The limited rights granted above are the sole rights granted to you hereunder in relation to the Driver Whiz Site, The Driver Whiz Site Services, the Information and the Content and unless expressly permitted hereunder or in any specific Terms and Conditions you may not modify, adapt, create derivative work of, distribute, license, sell, transmit, display, perform, publish or otherwise make available any Information and/or Content that is available on the Driver Whiz Site and/or through any Driver Whiz Service.

Unlawful and Prohibited Use

You may not use the Driver Whiz Site, the Driver Whiz Site Services, the Information or the Content for any purpose that is prohibited by law and/or by these Terms and Conditions. Without limiting the generality of the foregoing you may not:

upload, post or otherwise submit or make available any unsolicited or unauthorized advertising, promotion or marketing materials, “junk mail”, “spam”, “chain letters” or any other form of unsolicited or unauthorized messages;

upload, post or otherwise submit or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

upload, post or otherwise submit or make available any content or information, including but not limited to images, photographs, texts, graphics, specifications, software or any other materials that infringe any third party’s trademarks, copyrights, patents, design rights, trade secrets or any other intellectual property right or proprietary right of any kind;

upload, post or otherwise submit or make available any information or content that you are not entitled to upload, post, or otherwise submit or make available (including but not limited to information or content obtained in the course of an employment or under a duty of confidentiality);

upload, post or otherwise submit or make available any information or content that contain software viruses, trojan horses, worms or any other malicious software program designed to interrupt, destroy, interfere or limit the functionality of any software or hardware;

use the Driver Whiz Site or any of the Driver Whiz Site Services in any manner that could damage, disable, overburden or impair any Driver Whiz servers, networks or connections; or

attempt to gain unauthorized access to any Driver Whiz Site Services, user accounts, computer systems or networks connected to any Driver Whiz server through hacking, password mining or by any other means; or

otherwise use the Driver Whiz Site, the Driver Whiz Site Services, the Information and/or the Content in violation with any applicable laws and regulations.

Security and Privacy

Personal Information

Any use of personal information provided by you through the Driver Whiz Site and/or the Driver Whiz Site Services or otherwise in connection therewith are governed by the Driver Whiz Privacy Policy.

User Accounts, Passwords and Security

In order to be able to use certain of the Driver Whiz Site Services you may be required to register a user account and to provide Driver Whiz with such information as required by the registration form. You are entirely responsible for maintaining the accuracy of the user account information and to ensure the confidentiality of your password. You may not provide any false personal information or create an account for anyone else than yourself and you acknowledge and agree that you are responsible for all activities that occur within your user account. Any unauthorized use of your user account shall be immediately reported to Driver Whiz using our contact form.

User Submissions

User Submissions

Users of the Driver Whiz Site and/or the Driver Whiz Site Services may post or upload or otherwise submit or make available information, content and opinions including but not limited to feedback, blog postings, descriptions, translations, links, texts, graphics, designs, software, code, data, video and audio (“User Submissions”).

License

Driver Whiz does not claim ownership of any User Submission that you post or upload on the Driver Whiz Site and/or through the Driver Whiz Site Services or otherwise submit or make available to Driver Whiz. However, by posting, uploading or otherwise submitting or making available any User Submission you grant Driver Whiz, its cooperation partners and any and all users of the Driver Whiz Sites a non–exclusive, worldwide, perpetual, irrevocable and royalty–free right to use, reproduce, modify, adapt, create derivative works of, transmit, display, perform, translate, distribute, resell, publish and integrate with other works such User Submission, or any part thereof, by any means, in any format or any current or future medium for any purposes whatsoever.

No Endorsement

Driver Whiz has no obligation whatsoever to post, upload or otherwise make available any User Submission and Driver Whiz does not endorse in any way any User Submissions. Driver Whiz does not permit any infringing or other unlawful activities on the Driver Whiz Site and reserves the right to remove, without prior notice, any User Submissions, or parts thereof, if Driver Whiz in its sole discretion deems that such User Submission may: (i) infringe any third party’s copyright, patents, design rights, trademarks, trade secrets or any other intellectual property right or proprietary rights of any nature; and (ii) be considered as, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful or racially or ethically objectionable, or otherwise not in accordance with Driver Whiz’s business ethics. Driver Whiz expressly disclaims any liability in connection with User Submissions and any and all parts thereof and in no event will Driver Whiz be liable for loss or damage of any kind incurred by you due to your use of or reliance on any User Submission.

Warranties and Indemnity

By posting, uploading or submitting any User Submissions you warrant and represent that: (i) you have sufficient rights in any and all User Submissions posted, uploaded, submitted or otherwise made available by you to grant the rights contemplated by these Terms and Conditions; (ii) to the best of your knowledge, your User Submission(s) does not violate any laws or regulations; and (iii) to the best of your knowledge, your User Submission(s) does not infringe any third party’s copyright, patent, trademark, design right or any other intellectual property rights or proprietary rights of any kind. You acknowledge and agree that you shall indemnify and hold Driver Whiz harmless from any liabilities, damages, cost and expenses suffered by Driver Whiz due to any and all third party claims arising as a result of any breach by you of the above warranties.

Third Party Content, Promotions and Sites

Third Party Content and Services on the Driver Whiz Site

The Driver Whiz Site and/or the Driver Whiz Site Services may contain user or third party content, information, opinions and services, including but not limited to User Submissions. Such third party content, information and opinions and third party services are not endorsed in any way by Driver Whiz and are provided solely as a convenience to Driver Whiz’s users. In no event will Driver Whiz be liable for loss or damage of any kind incurred by you due to your use of or reliance on any third party content, information and opinions that are posted, uploaded or otherwise made available on the Driver Whiz Site and/or through the Driver Whiz Site Services or for your use of any third party services made available through the Driver Whiz Site and /or the Driver Whiz Site Services.

Partner Promotions

Driver Whiz runs advertisements and promotions from third parties on the Driver Whiz Site. Your business dealings with any such third parties, including without limitation payment and delivery of products and services, are between you and such third party only. In no event will Driver Whiz be liable for loss or damage of any kind incurred by you due to your business dealings with any third parties.

Links to Third Party Sites

The Driver Whiz Site contains links to third party web sites. The third party web sites that the Driver Whiz Site links to are not under Driver Whiz’s control and Driver Whiz has no responsibility for and does not endorse in any way any information, advertising, content, products or services of these third party web sites. In no event will Driver Whiz be liable for loss or damage of any kind incurred by you due to your use of or reliance on any information, advertisements, content, products or services available on or through any such third party web sites.

Disclaimers, Limitation of Liability and Notices

DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE DRIVER WHIZ SITE, THE DRIVER WHIZ SITE SERVICES AND ANY AND ALL INFORMATION AND CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DRIVER WHIZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DRIVER WHIZ DOES NOT REPRESENT OR WARRANT THAT: (I) THE DRIVER WHIZ SITE, THE DRIVER WHIZ SITE SERVICES, THE INFORMATION OR THE CONTENT WILL BE ERROR–FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED; (II) ANY INFORMATION AND/OR CONTENT THAT YOU DOWNLOAD FROM THE DRIVER WHIZ SITE OR RECEIVE THROUGH THE DRIVER WHIZ SITE SERVICES IS ACCURATE OR COMPLETE; OR (III) THE DRIVER WHIZ SITES, THE DRIVER WHIZ SITE SERVICES, THE CONTENT AND THE INFORMATION IS FREE FROM VIRUSES AND OTHER MALICIOUS CODE.

YOU ACKNOWLEDGE AND AGREE THAT THE DRIVER WHIZ SITE, THE DRIVER WHIZ SITE SERVICES AND ANY AND ALL INFORMATION AND/OR CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE DRIVER WHIZ SITE AND/OR THE DRIVER WHIZ SITE SERVICES ARE USED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE DRIVER WHIZ SITE, THE DRIVER WHIZ SITE SERVICES, THE INFORMATION AND THE CONTENT.

IF YOU ARE DISSATISSFIED WITH THE DRIVER WHIZ SITES, THE DRIVER WHIZ SITE SERVICES, THE INFORMATION AND/OR THE CONTENT YOUR SOLE REMEDY WILL BE TO STOP USING THE DRIVER WHIZ SITES, THE DRIVER WHIZ SITE SERVICES, THE INFORMATION AND/OR THE CONTENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, DRIVER WHIZ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, NOR FOR LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) NOR FOR DAMAGE TO PROPERTY, NO MATTER WHAT THEORY OF LIABILITY EVEN IF DRIVER WHIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH THE ABOVE LIMITATION OF LIABILITY OR ANY PART THEREOF IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATION.

Changes and Updates

Driver Whiz reserves the right to, at any time and in its sole discretion, modify these Terms and Conditions, discontinue any Driver Whiz Site Service and/or remove any Information or Content. It is your responsibility to check these Terms and Conditions periodically for modifications and your continued use of the Driver Whiz Site, the Driver Whiz Site Services, the Information and/or the Content following such modifications to the Terms and Conditions will mean that you have accepted the modifications to the Terms and Conditions.

Violation of the Terms and Conditions

You acknowledge and agree that Driver Whiz may, in its sole discretion and without prior notice to you, terminate your access to the Driver Whiz Site and/or your user account of a Driver Whiz Service if Driver Whiz determines in its reasonable opinion that you are in breach of these Terms and Conditions and/or any Specific Terms and Conditions.

Indemnity

You agree to indemnify and hold Driver Whiz and its subsidiaries, affiliates, shareholders, officers, directors, employees, agents, licensors, suppliers and co–operation partners harmless from any losses, liabilities, costs and expense (including reasonable attorney’s fees and expenses) arising out of any claims by any third party due to or arising out of or in connection with your use of the Driver Whiz Site, the Driver Whiz Site Services, the Information and/or Content and/or any User Submissions made by you.

Ownership

Intellectual Property Rights

Driver Whiz, its licensors and cooperation partners own all rights, title and interest to the Driver Whiz Site, the Driver Whiz Site Services, the Driver Whiz Software Products, the Information and the Content including any and all copyrights, trademarks (including but not limited to word marks, figure marks, logos, domain names and other distinctive brand features), patents, design rights and any all other intellectual property rights and proprietary rights therein. Any and all intellectual property rights in relation to the Driver Whiz Site, the Driver Whiz Software Products, the Driver Whiz Site Services, the Information and the Content are protected by international intellectual property right laws and treaties. Your use of the Driver Whiz Site, the Driver Whiz Site Services, the Information and Content must be made in strict compliance with these Terms and Conditions and/or any Specific Terms and Conditions.

Claims for copyright infringement

Driver Whiz is committed to respecting others’ intellectual property rights and we ask our users to do the same. If you believe that the use of your work on the Driver Whiz Site infringes your copyright please contact our copyright agent in accordance with the Notice of Copyright Infringement

Miscellaneous

Severability, No Waiver and No Third Party Beneficiaries

If any provision herein is held by a court or any other tribunal of competent jurisdiction to be void or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Driver Whiz’s failure to enforce these Terms and Conditions, or any provision herein, shall not be construed as a waiver by Driver Whiz. These Terms and Conditions shall not be construed to confer any rights or remedies on any third parties.

Governing Law and Dispute Resolution

To the extent permitted by applicable mandatory law, these Terms and Conditions shall be governed by the laws of California, USA.

Contact details

If you have any questions about these Terms and Conditions, the Driver Whiz Site, the Driver Whiz Site Services, the Driver Whiz Software Products or any Information or Content, you may contact Driver Whiz through the following contact details:

http://driverwhiz.com/contact