DRIVER SUPPORT SERVICE TERMS AND CONDITIONS

WHEN YOU ELECT TO PURCHASE OUR SERVICE YOU ARE AGREEING TO FOLLOWING TERMS AND CONDITIONS. THIS IS AN OPT-IN PROCESS INCLUSIVE TO THE AGREEMENT PRESENT ON THE PAYMENT FORM.

PLEASE READ CAREFULLY

Welcome to PC Drivers HeadQuarters, LP, d/b/a Driver Support and Active Optimization. We are a service that provides our subscribers with access to a content rich driver advisor service and our patented automated Windows optimization service.

These Terms of Use govern your use of our service. As used in these Terms of Use, “PC Drivers Headquarters service,” “PC Drivers” “Driver Support service”, “Active Optimization service”, “our service” or “the service” means the service provided by PC Drivers HeadQuarters, LP for advising drivers and window optimization, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with PC Drivers HeadQuarters, LP (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website.

  1. Acceptance of Terms of Use
    1. These Terms of Use, which include our Privacy Policy (www.driversupport.com/privacypolicy), End User License Agreement (http://www.driversupport.com/eula) (“EULA”), About Cookies and Internet Advertising (http://www.driversupport.com/eula, govern your use of the PC Drivers service. By using, visiting, or browsing the PC Drivers service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the PC Drivers service.
    2. The PC Drivers service is provided by PC Drivers HeadQuarters, LP, or one of its affiliated companies. The PC Drivers company that is providing the service to you (referred to as “PC Drivers” in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the PC Drivers service.
  2. Changes to Terms of Use. PC Drivers may, from time to time, change these Terms of Use, including the Privacy Policy, EULA and Social Terms. Such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.
  3. Privacy. Personally identifying information is subject to our Privacy Policy (www.driversupport.com/privacypolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  4. Communication Preferences. By using the PC Drivers service, you consent to receiving electronic communications from PC Drivers relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the PC Drivers service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with PC Drivers. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new PC Drivers features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy (www.driversupport.com/privacypolicy) for further detail on our marketing communications.
  5. Subscriptions, Free Trials, Billing and Cancellation
    1. Subscriptions
      1. Ongoing Subscriptions. Your PC Drivers subscription, which may start with a free trial, may continue month-to-month or year-to-year (depending upon your subscription purchase) unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the PC Drivers service. We will bill the term subscription fee to your Payment Method. You must cancel your subscription before it renews ,subject to your subscription term at time of purchase, in order to avoid billing of the next terms subscription fees to your Payment Method.
      2. Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with PC Drivers by visiting our website and clicking on the “Your Account” link. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
    2. Free Trials
      1. Your PC Drivers subscription may start with a free trial. The free trial period of your subscription may vary depending upon promotion, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscriber only. PC Drivers reserves the right, in its absolute discretion, to determine your free trial eligibility.
      2. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY PC DRIVERS WEB PAGE (www.driversupport.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.
    3. Billing
      1. Recurring Billing. By starting your PC Drivers subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or annual subscription fee (dependent upon your subscription term) at the then current rate, and any other charges you may incur in connection with your use of the PC Drivers service to your Payment Method. You acknowledge that the amount billed each term may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or annually (dependant upon your subscription term) in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      3. Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each billing term thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each term on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your PC Drivers subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month, monthly, annual, annually or term refers to your billing cycle.
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the PC Drivers website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      6. Cancellation. You may cancel your PC Drivers subscription at any time, and you will continue to have access to the PC Drivers service through the end of your term billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-TERM SUBSCRIPTION PERIODS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page. If you signed up for PC Drivers using your account with a third party as a Payment Method, and wish to cancel your PC Drivers subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the PC Drivers service through that third party. You may also find billing information about your PC Drivers subscription by visiting your account with the applicable third party.
  6. PC Drivers Service
    1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the PC Drivers service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
    2. The PC Drivers service, and any content delivered through our service, are for your personal and non-commercial use only. During your PC Drivers subscription, we grant you a limited, non-exclusive, non-transferable, license to access the PC Drivers service in order to apply updates, fixes, and optimizations. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
    3. We continually update the PC Drivers services. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, updates, fixes, and optimizations, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    4. You agree to use the PC Drivers service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the PC Drivers service without express written permission from PC Drivers and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the PC Drivers service; use any robot, spider, scraper or other automated means to access the PC Drivers service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the PC Drivers service; insert any code or product or manipulate the content of the PC Drivers service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PC Drivers service, including any software viruses or any other computer code, files or programs.
    5. PC Drivers desktop software is developed by, or for, PC Drivers and is designed to distribute recommended updates and provide recommended optimizations from PC Drivers through devices that have the desktop software installed and active. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.driversupport.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE PC DRIVERS AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the PC Drivers service. If your PC Drivers ready device is sold, lost or stolen, please deactivate the PC Drivers ready device. If you fail to log out of the online account portal, subsequent users may access the PC Drivers portal through your account and may be able to access certain areas of your account information. To deactivate access you will want to log out of the account portal ( https://secure.driversupport.com/account/account/login ).
    6. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  7. Passwords & Account Access
    1. The subscriber who created the PC Drivers account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the PC Drivers account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting PC Drivers Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. In order to provide you with ease of access to your account and to help administer the PC Drivers service, PC Drivers implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the PC Drivers service, which includes accessing via PC Drivers ready devices or website.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the PC Drivers website and not through a hyperlink in an email or any other electronic communication, even if it looks official. PC Drivers reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. PC Drivers is not obligated to credit or discount a subscription for holds placed on the account by either a representative of PC Drivers or by the automated processes of PC Drivers.
  8. Disclaimers of Warranties and Limitations on Liability
    1. THE PC DRIVERS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PC DRIVERS SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PC DRIVERS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PC DRIVERS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PC DRIVERS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PC DRIVERS READY DEVICES, AND PC DRIVERS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PC DRIVERS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  9. Intellectual Property
    1. Copyright. The PC Drivers service, including all content provided on the PC Drivers service, is protected by copyright, trade secret or other intellectual property laws and treaties.
    2. Trademarks. Driver Support and Active Optimization is a registered trademark of PC Drivers Headquarters, LP.
    3. Patents. PC Drivers has patents that apply to our service. For information on PC Drivers patents visit www.driversupport.com/.
  10. Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the PC Drivers service, please notify us support@driversupport.com
    1. For all other PC Drivers subscribers, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions.
    2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
  11. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the PC Drivers service. These Applications may import data related to your PC Drivers account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and PC Drivers is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY PC DRIVERS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  12. Use of Information Submitted. PC Drivers is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the PC Drivers service, including the PC Drivers website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PC Drivers service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note PC Drivers does not accept unsolicited materials or ideas and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PC Drivers. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against PC Drivers and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  13. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit PC Drivers Help Center https://secure.driversupport.com/account/support/contact In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  1. ARBITRATION OF CLAIMS
    PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.

At Driver Support, we expect that our world-class customer service team will be able to resolve most issues you may have using the Services. You can find frequently asked questions or contact our customer service team by going to our help center. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Driver Support agree to the following resolution process.

In an attempt to find the quickest and most efficient resolution of our issues, you and Driver Support agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Driver Support, 7600 Capital of Texas Highway, Building B, Suite 350, Austin, TX  78731 – Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for Driver Support.

If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Driver Support agree that any claim that either of us may have arising out of or relating to these Terms (including formation, performance, or breach of them), our relationship with each other, or use of the Services must be resolved through binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available here. As an exception to this arbitration agreement, Driver Support is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

To help resolve any issues between us promptly and directly, you and Driver Support agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. You and Driver Support also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

Any arbitration hearings will be held in Austin, Texas.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of who initiates the arbitration, Driver Support will pay any other arbitration fees, including your share of arbitrator compensation.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

If you’re not sure what all of this means, of course please feel free to ask an attorney.

Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and Driver Support agree on the process described in this Section.

  1. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: June 27, 2016