Terms of Service 1 — Safe+Driver

Terms of Service

LAST MODIFIED: October 28, 2020

Please read these Terms of Use carefully before using the Safe+Driver mobile application and website, including any software and content contained or services provided therein (the “Service”). The Service is provided by Copernicus, LLC, located at 3800 American Boulevard West, Suite 1500-8022, Bloomington, Minnesota, USA, 55408

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE OR ANY CONTENT, PRODUCTS, DATA FEEDS AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH THE SERVICE, YOU ARE AGREEING TO BE BOUND BY (I) THESE TERMS OF USE; AND (II) THE PRIVACY POLICY OF THE SERVICE LOCATED AT www.mysafedriver.org/privacy. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICE.

Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. These Terms of Use (the “Terms”) do not grant you the right to use any branding or logos used with our Service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Service. Your use of the Service is conditioned upon you agreeing not to (and not allowing any third party to): (i) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service; (ii) sell assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Service or any content, software or services available therein or (iii) violate these Terms and the Privacy Policy.

USING OUR SERVICE

You must follow any policies made available to you within the Service.

Registration

You may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued access to and use of the Service. You agree to use the Service only for those purposes that are permitted by (i) these Terms and the Privacy Policy, and (ii) by applicable law, regulation or generally accepted practices in the relevant jurisdictions. You agree to: (a) provide true, accurate, current and complete information about yourself when registering or as prompted by the Service (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Safe+Driver has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Safe+Driver has the right to suspend or terminate your account or access to the Service and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the Service may include certain communications from Safe+Driver (e.g., service announcements, administrative messages and other information and alerts), and that these communications are considered part of the Service and you will not be able to opt out of receiving them while choosing to utilize the Service.

You further acknowledge and agree to the following:

1. You guarantee that you are at least 15 years of age. Only persons age 15 or older may utilize the Service.

2. You represent that you hold a valid driver’s license or learner’s permit.

3. You represent that the information you provide is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

4. If you are between the age of 15 and 18, you represent and warrant that your parent or legal guardian has read and agrees to be bound by these Terms and to be responsible for your use of the Service.

5. You agree not to interfere with or disrupt the operation of the Service.

6. You agree not to make the Service available over a network or other environment permitting access or use by multiple mobile devices at a time.

7. You agree not to give your login or account information to any third party or otherwise transfer or assign your account information to a third party.

8. You agree not to collect or harvest any personally identifiable information, including account names, from the Service.

9. You shall be authorized to use the Service only for personal, non-commercial use.

Your Account

As a registered user of the Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Safe+Driver of any security breach of your Account. Safe+Driver shall not be responsible for any losses arising out of the unauthorized use of your Account. To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. You agree that Safe+Driver may store and use your Registration Data for use in maintaining your Account. You agree to use the Service only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Safe and Lawful Use of the Service

When using the Service, you shall: (i) never actively utilize the Service in any manner that will distract from and/or interfere with your driving; (ii) observe all traffic laws, driving safety laws and otherwise drive safely; (iii) not use the Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with these Terms; and (iv) arrange all wireless devices and cables necessary for use of the Service in a secure manner in your vehicle so that they will not interfere with and/or distract from your driving and will not prevent the operation of any safety device (including without limitation an airbag). In addition to the foregoing, do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws.

Collection, Storage and Use of Information

Subject to these Terms, the Privacy Policy and any applicable laws and regulation, you hereby authorize and consent to the collection, storage, sharing, and use by Safe+Driver and its affiliates, partners and agents, of any information and data related to or derived from your use of the Service, and any information or data that you provide to Safe+Driver and its affiliates, partners and licensors (“Information”).

Privacy

Usage of the Service is subject to Safe+Driver’s Privacy Policy at www.mysafedriver.org/privacy. You acknowledge receipt of Safe+Driver’s Privacy Policy. You agree to receive any updates to our Privacy Policy by accessing the Service. By using the Service, you agree that Safe+Driver may use and share your personal information in accordance with the terms of the Privacy Policy.

Intellectual Property

You acknowledge and agree that the Service contains proprietary and confidential information, including but not limited to graphics, user interface, and the scripts and software used to implement the Service. This information is owned by Copernicus, LLC and/or its licensors and protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of these Terms, Safe+Driver and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the Service at any time without notice. In no event will Safe+Driver be liable for making these changes. Safe+Driver may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

THE USE OF THE SERVICE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Safe+Driver, the Safe+Driver logo and other Safe+Driver trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Copernicus, LLC in the U.S. and/or other countries.

Other Fees and Costs

The Service requires an internet or data connection and any charges or fees associated with any such connection are solely your responsibility, as set forth in the agreement between you and your internet or data connection service provider.

TERMINATION

Termination by You

You may terminate these Terms at any time for any reason. In order to terminate, you must notify Safe+Driver at feedback@mysafedriver.org or you may remove or uninstall the Service from your mobile device.

Termination by Safe+Driver

Safe+Driver may block or suspend your access to the Service or terminate these Terms and the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply with the terms and conditions of these Terms or for any reason whatsoever. Safe+Driver reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Safe+Driver will not be liable to you or to any third party should it exercise such rights. Upon termination of these Terms, you shall cease all use of the Service and uninstall any residual components of the Service.

DISCLAIMER OF WARRANTIES

General

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICE AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. SAFE+DRIVER AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICE AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR DEVICE AND ANY PERIPHERALS PRIOR TO USING THE SERVICE. TO THE EXTENT PERMITTED BY LAW, SAFE+DRIVER SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SAFE+DRIVER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SAFE+DRIVER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SAFE+DRIVER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification and Waiver

YOU SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND HOLD HARMLESS SAFE+DRIVER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIM, PROCEEDING, LOSS, DAMAGE, FINE, PENALTY, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, FEES FOR ATTORNEYS AND OTHER PROFESSIONAL ADVISORS) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (I) YOUR ACCESS TO OR USE OF THE SERVICE OR SERVICES OFFERED THEREWITH OR THIRD PARTY CONTENT AND SERVICES; (II) YOUR BREACH OF THESE TERMS; (III) YOUR VIOLATION OF LAW; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT OR TRADE SECRET OF ANY PERSON OR ENTITY. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THESE TERMS.

MISCELLANEOUS

Governing Law

These Terms will be governed by the laws of the State of Minnesota, without regard to that state’s conflict of law’s provisions. THE COURTS IN HENNEPIN COUNTY, MINNESOTA SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION OVER ANY MATTER OR DISPUTE ARISING OUT OF THIS AGREEMENT. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Contact Information and Notification

Please direct any questions, complaints or claims related to these Terms or your use of the Service to moreinfo@mysafedriver.org. Safe+Driver may notify you with respect to the Service by sending an email message to your Account email address, or by a posting notices on the Service. Notices shall become effective immediately.

Severability

If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. Safe+Driver will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Export Control

You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained.

Modification or Amendment

Safe+Driver may modify or amend these Terms at any time by posting the change. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service following the date in which the modified or amended Terms are posted.

Survival

The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.

Third Party Beneficiaries

Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Entire Agreement

These Terms, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

Reservation of Rights

Safe+Driver reserves the right to take steps Safe+Driver believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Safe+Driver has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Safe+Driver believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Safe Driver’s right to cooperate with any legal process relating to your use of the Service and/or a third-party claim that your use of the Service is unlawful and/or infringes such third party’s rights).