DRIVER SUPPORT SERVICE TERMS AND CONDITIONS OF USE AND SERVICE
Effective Date: January 22, 2020
WHEN YOU ELECT TO PURCHASE OUR SUBSCRIPTION SERVICES OR USE OUR FREE TRIAL VIA OUR WEBSITE OR OUR CLIENT, YOU ARE AGREEING TO FOLLOWING TERMS AND CONDITIONS OF USE AND SERVICE (COLLECTIVELY, “TERMS OF SERVICE”). THIS IS AN OPT-IN PROCESS INCLUSIVE TO THE ORDER PLACED BY YOU FOR SUCH SUBSCRIPTION SERVICES.
PLEASE READ CAREFULLY
Welcome to Asurvio, LP, d/b/a “Driver Support” (“Driver Support” or “we” or “our” or “us”). We offer a service that provides our subscribers with access to the following features: automated detection and remediation of common Microsoft Windows device related challenges, access to a library of self-help content for challenges that cannot be automated, and access to live technical assistance personnel to resolve any other challenge not covered by automation or self-help material.
These Terms of Service are a legally binding contract between you and Driver Support pertaining to, among other things, the access to and use of any subscription services, support services and any related information, content (including our Client) and electronic documentation (collectively, the “Services”) made available or provided from the website www.driversupport.com (or any portals or sub-domains thereof) or other websites or call centers operated by or for Driver Support (collectively, the “Sites”). As used in these Terms of Service, “PC Drivers Headquarters service,” “Driver Support” “Driver Support service”, “Active Optimization service”, “our service” or “the service” means the Services .
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 these Terms of Services to resolve any disputes with Drivers Support (except for matters that may be taken to small claims court).
Electronic Signature Consent to these Terms of Service and Orders
Your access to the Sites or use of the Services constitutes your acceptance of these Terms of Service. By clicking on the “I AGREE” or “I CONSENT” button or other indicator of your electronic acceptance of these Terms of Service, you agree to conduct each transaction by electronic means and Driver Support and you hereby state that electronic signatures shall have the same force and effect as original or hand-written signatures with respect to these Terms of Service and all electronic records or transactions entered into between you and Driver Support with respect to the Sites and Services offered to you by Driver Support. You hereby affirm your intent to conduct transactions using electronic signatures and records. You may revoke approval of this electronic signature process at any time with prior written notice to Driver Support; however this will result in Driver Support’s suspension or termination of all transactions and/or access or use of the Sites or Services absent your acknowledgment of agreement or consent by other valid legal means.
Establishing an Account. Browsing of the Site’s public pages is currently provided free of charge to any person. However, access to the Services will require an account to be first established and activated. You may sign up for an account by completing the online order forms required by Driver Support and following the directions to submit a request to become a subscriber and set up an account. As part of the account activation process, you must certify that you are 18 years of age or older. When you register for an account, you will be asked to create a unique user name and password, and enter a valid email address for your account. You will be asked whether you have read and agree to abide by these Terms of Service and any additional terms set forth on the account set up page. If you answer “I agree” and you otherwise are eligible, your account may be activated. If you answer “I Do Not Agree” or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online.
Activation. Driver Support reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register. Once you have confirmed, you will be permitted to log in, view, load, and use the Services and the specific features of the Services for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms of Service, understand your rights and obligations, and agree to be bound by these Terms of Service. You acknowledge that certain Services will be provided subject to additional terms and conditions and user limitations shown in the order confirming your subscription to, and all supported computers or devices covered by, the Services (each an “Order”) and you agree that you will abide by such additional terms and conditions applicable to the Services shown in each Order. You and Driver Support agree that the Services will be made available to you for use in conjunction with the number of computers set forth in the Order. Additional computers may be added by the execution of a separate Order. You acknowledge that the Services are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Driver Support regarding future functionality or features other than as specifically noted on the Order.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Driver Support if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You will be permitted to access only those portions of the Services and the Sites for which you have been granted permission to use by Driver Support.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Access to Service Via Driver Support’s Client
We provide our Driver Support client applet (the “Client”) as one method to consume our advisory services in an automated, time-saving, and labor-saving manner. The Client will perform the initial analysis and establish a performance baseline for your supported PC(s), checking items like: internet speed, device drivers, security client, and others. The Client also will establish your profile and attempt to auto-detect the hardware connected to your home or local area network and to launch your initial and future optimizations of your system.
This Client is the property of Driver Support or its licensees and is protected by copyright law. While Driver Support continues to own the intellectual property rights to the Client, you will have certain permission to use the Client after Your acceptance of our Terms of Service. This permission governs any releases, revisions, or enhancements to the Client that Driver Support may furnish to you.
The Client includes one 3rd party component (cpuidsdk.dll) provided by CPUID EURL used to enhance our ability to provide recommendations best suited for your system.
The Client may provide additional functionality and features only after you subscribe to our Services.
You may uninstall this Client at any time, using the standard uninstall procedures as offered with your computer’s Operation System, by accessing the computer’s “Control Panel>Add/Remove Programs” folder, selecting ‘Driver Support’ from the list of installed applications, and clicking the “Change/Remove” button.
- Please note that some artifacts will remain on your system after you have uninstalled this Client. These artifacts cannot be removed by the uninstall process but can be removed manually using standard file/folder/registry-entry deletion methods. Also note that these folders and files are innocuous and cannot be used in any active or passive way by anyone or any system.
- The following folders will contain driver updates that you have previously downloaded: Windows XP: “c:\Documents and Settings\*USERNAME*\My Documents\Downloads\ Driver Support\” Vista and above: “c:\Users\*USERNAME*\Downloads\Driver Support\” .
- License information: Windows XP: “c:\Documents and Settings\All Users\Application Data\Driver Support\Driver Support\dd.lic” Vista and above: “c:\ProgramData\ Driver Support\Driver Support \dd.lic”
- The Client installer will install Microsoft’s .NET 2.0 libraries if not already present on your computer as this is required for the Client to function. If installed by the Client, you may uninstall the .NET libraries by accessing the computer’s “Control Panel>Add/Remove Programs” folder, selecting ‘Microsoft .NET 2.0’ from the list of installed applications, and clicking the “Change/Remove” button.
- The Client requires an Internet connection in order to function properly.
- The apps.driversupport.com web site will be added to Internet Explorer’s Trusted Sites zone to enable access to Active Optimization scan results and historical reports.
Your rights and obligations with respect to the use of this Client are as follows:
- You are entitled use the Client on or in conjunction with up to (i) the number of computers specified with your subscription to our services.
- You are not entitled to reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Client, or create derivative works from the Client. You also are not entitled to use the Client for the purpose of creating multiple computers or hard drives not connected to the original computer, with similar or identical configurations to that of the original computer or hard drive,
- If the Client is downloaded or accessed by or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), it is provided with Restricted Rights. Use, duplication, or disclosure of the Client by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
- The Client and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported except as authorized by United States laws and the laws of the jurisdiction in which the Client was obtained. In particular, the Client may not be exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, accessing or using the Client, you agree to the foregoing limitations and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Client is developed by, or for, Driver Support’s use in the performance of the Services. The Client is designed to distribute recommended resolutions and provide recommended optimizations from Driver Support through devices on which the Client is installed and active. BY USING OUR SERVICE AND THE CLIENT, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE CLIENT. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THE CLIENT OR ANY OF YOUR DEVICES ON WHICH THE CLIENT IS INSTALLED AND ACTIVE, INCLUDING THE CONTINUING COMPATIBILITY OF YOUR DEVICES WITH OUR SERVICES AND SITES.
By using our Service and the Client, you agree to look solely to the entity that manufactured and/or sold the devices for any issues related to the devices and its compatibility with the Services and the Client. If your devices are sold, lost or stolen, please deactivate that device in your account for the Services. If you fail to log out of the online account portal on the Sites, subsequent users may access the Services 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).
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 Service or (ii) engaged in illegal or improper use of the Service and/or the Client.
Access to Service Via Live Technical Support Assistance
As long as you maintain an active paid subscription to the Services, you may request help from our live technical assistance agents available remotely via telephone, which frequently include remote diagnosis by the technical agent, including having remote access to your devices via proxy, with your permission.
You may initiate a phone call with a technician or You may pre-arrange for a technician to call You. A technician will ask for your email address associated with your account. To receive the Services, You must confirm that (a) our agents have full access to your devices or local area network or system that is the basis of the problem, and (b) you have an active and up to date subscription in good standing for the affected devices.
You must have your own internet connection and that all Supported Hardware (as defined below) is connected to a high-speed internet for the Service to be delivered; dial-up and satellite internet connections are not sufficient for remote access and therefore not supported by Driver Support as part of the Services.
Driver Support will make commercially reasonable efforts to make the Service available during its normal business hours 12-hours a day, seven days a week (excluding legally recognized holidays). In certain instances, the Service may be unavailable. In specific situations where support is needed for tasks beyond the scope of services set forth in these Terms of Service, Driver Support may offer additional services through the phone support agent for an additional fee.
Our agents will support personal computers running Microsoft® Windows based operating systems (includes both notebooks and desktops) (each, a “Supported PC”). Software systems and programs supported include widely available versions of the following programs:
- Windows™ 8, Windows™ XP Home (SP3+), Windows™ XP Pro (SP3+), Windows™ Vista 32-bit (all service packs), Windows™ Vista 64 (all service packs), Windows™ 7 32-bit (all service packs), and Windows™ 7 64-bit (all service packs); Windows™ 10 32-bit (all service packs), and Windows™ 10 64-bit (all service packs); and
- Driver Support software installation, configuration, operation, and usage.
- Commonly available Internet browser programs, including Firefox®, Google Chrome™, and Edge®
- Email client setup and configuration support;
- System performance enhancement for gaming or other applications; and
- Installation, configuration, application usage and troubleshooting.
- Driver installation for any device connected to the supported PC;
- Help connecting printer, verifying connection; printing test page;
- Help with audio/sound and webcams.
- Spyware/Malware removal
- You acknowledge that actions necessary to remove some spyware and viruses may impair the performance of certain programs. In addition, removal of such spyware/viruses may be restricted by certain software licenses. It is your responsibility to examine such licenses and to ensure that the procedures performed as part of these Services will not affect these licenses, or, if they do, that the effect on such licenses or system performance is acceptable to You. You further acknowledge that these Services cannot guarantee that new spyware and viruses will not return to or appear on your devices or local area network or system after the Services have been rendered.
Additionally, our agents will make commercially reasonable efforts to support other hardware items that connect peripherally to a Supported PC (collectively, with the Supported PC(s), the “Supported Hardware”). These items may include: printers, cameras, phones, music players & gaming systems.
Hardware support may include installation of device drivers and troubleshooting to confirm the issue is NOT with the software on the computer and may provide options including referral back to the hardware manufacturer(s) for further assistance.
Driver Support Signature Service DOES NOT INCLUDE:
- Support for non-Windows®-based OS or applications
- Labor and/or parts replacement for hardware or peripherals
- On-site or at-home services
- Support when compatibility of the system to the software is in question or configuration is invalid
- Support for Internet Explorer®
- Database editing and creation
- Computers or devices that are managed by any external IT department
- Enablement of access to corporate systems, email or data
- Live data manipulation
- Video editing
- Creating illegal copies of software
- Bypassing copyright protection
- Creating DVDs of commercially available movies
- Installation of dual boot operating system configuration
- “Crack or Hack” protected files
- Support for commercial grade printers
- Supporting or assisting any activity deemed to be illegal by Driver Support in its sole discretion
- Support when your system does not meet the system-requirements of installed software
- Supporting third party plug-ins like browser helper applications and Flash™ players
Driver Support is not responsible for:
- Data loss / corruption
- Hardware replacement
- Providing software upgrades or new software releases
- Support for versions of Supported Hardware older than the current version (support on older versions is on a commercially reasonable basis)
- Support for freeware or shareware, except as expressly otherwise provided herein
- Remote or on-site training services
- Scripting, programming, database design or web development
- Product keys for activation other than the Driver Support Signature Service Software
- Recovery of lost data or software (support regarding data or software loss is on a commercially reasonable basis)
- Support arising from intentional damage
- Any activities not expressly described in this Service Description
Access to Service Via Sites Portal and Email
You may access self-help content to resolve your issues with Supported Hardware or any billing issues by emailing us at firstname.lastname@example.org and by accessing your personalized account portal at https://secure.driversupport.com/account/account/login .
Subscriptions, Billing and Cancellation
Ongoing Subscriptions. Your Driver Support subscription 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. For reduced introductory price subscriptions, you will be billed the full amount after the introductory period ends as disclosed at time of purchase. 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 Services. 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.
Note that your will be billed any applicable tax automatically in addition to the subscription cost based on applicable laws. Sales tax may be applied based on your residence; if it is not applied you may have an obligation to remit use tax or similar tax. If in the future it is found that you were obligated to pay sales tax for the service you will be charged for your sales tax obligation.
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 Service will be disclosed during your sign-up or in an Order or other communications made available to you. You can find specific details regarding your subscription with Driver Support by visiting our Sites and clicking on the “Your Account” link. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
Recurring Billing. By starting your Driver Support 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 Driver Support 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 (dependent upon your subscription term) in one or more charges.
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 Service, any price changes to your service will take effect following email notice to you.
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 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 Driver Support 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 Service, “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.
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 Driver Support 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.
Cancellation. You may cancel your Driver Support subscription at any time, and you will continue to have access to the Driver Support 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. Following any cancellation, you will continue to have access to the service through the end of your current billing period. If you signed up for Driver Support using your account with a third party as a Payment Method, and wish to cancel your Driver Support 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 Driver Support service through that third party. You may also find billing information about your Driver Support subscription by visiting your account with the applicable third party.
Refunds. You may request a refund within 30 days using the account portal, by email, or by phone. 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.
Your Qualifications To Be a Subscription Or Access the Services
You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the 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 Service.
The Services, and any content delivered through the Client or our Services, are for your personal and non-commercial use only. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Client and the Services in order to apply updates, fixes, optimizations, and any other resolutions provided. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
We continually update the Services and the Client. In addition, we continually test various aspects of our Service, including our website, user interfaces (including the Client), service levels, plans, promotional features, updates, fixes, and optimizations, delivery and pricing. We reserve the right to, and by using our Services, 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 Services.
You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services 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 Service) content and information contained on or obtained from or through the Services without express written permission from Driver Support and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services 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 Services or the Client, including any software viruses or any other computer code, files or programs. You shall not access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. You shall not (a) make the Services available to any third parties, (b) sell, resell, rent or lease the Services to others, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights, (d) use the Services to store, process or transmit viruses, worms, bots, data mining code, or other harmful or malicious code, files, data, scripts, agents or programs, (e) interfere with or disrupt the integrity or performance of the Services or third party data contained therein, or (f) impersonate or pretend to be another person or a Driver Support agent or otherwise attempt to gain unauthorized access to the Services or their related systems or networks or any other client’s devices.
If you are found to be in violation of these Terms of Service at any time, as determined by Driver Support in its sole discretion, Driver Support may warn you, suspend the affected Services, or terminate your accounts.
Passwords & Account Access
The subscriber who created the Driver Support account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the Driver Support 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 Driver Support 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.
If you are agreeing to these Terms of Service on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these Terms of Service and all users who open user accounts under such entity’s account, in which case “you” shall mean such entity. If you do not have such authority, or if you do not agree with these Terms of Service, you must select the “do not accept” button and you may not access or use the Services.
In order to provide you with ease of access to your account and to help administer the Services, Driver Support 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 Service, which includes accessing via Driver Support ready devices or website.
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 Sites and not through a hyperlink in an email or any other electronic communication, even if it looks official. Driver Support 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. Driver Support is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Driver Support or by the automated processes of Driver Support.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE DRIVER SUPPORT SERVICES AND ALL CONTENT AND THE CLIENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DRIVER SUPPORT SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DRIVER SUPPORT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DRIVER SUPPORT SERVICES OR THE CLIENT WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, DRIVER SUPPORT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, ORIGINALITY, OR FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY PREVIOUS COURSE OF DEALINGS BETWEEN THE PARTIES OR CUSTOM OR USAGE OF TRADE. IN NO EVENT SHALL INDEMNIFICATION BE PROVIDED FOR A CLAIM FOR BREACH OF WARRANTY AGAINST DRIVER SUPPORT.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DRIVER SUPPORT, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOST PROFITS, LOSS OF BUSINESS, LOST SAVINGS, LOST DATA, COMMERCIAL LOSS OR BUSINESS INTERRUPTIONS INCLUDING LOSS OR DELAY OF BUSINESS OPERATIONS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU UNDER ANY CIRCUMSTANCES WHATSOEVER EVEN IF DRIVER SUPPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE..
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.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Service 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.
EACH PARTY ACKNOWLEDGES THE ALLOCATION OF RISK SET FORTH HEREIN AND THAT THE PARTIES WOULD NOT HAVE EXECUTED EACH ORDER FOR THE SERVICES WITHOUT THESE LIMITATIONS OF LIABILITY.
For all other Driver Support subscribers, these Terms of Service and each Order 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.
You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Copyright. The Driver Support service, including all content provided on the Driver Support service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Trademarks. Driver Support and Active Optimization is a registered trademark of Driver Support Headquarters, LP.
Patents. Driver Support has patents that apply to our service. For information on Driver Support patents visit www.driversupport.com/.
Driver Support IP. You acknowledge and agree that as between you and Driver Support, title to and ownership of Driver Support’s proprietary technology, and all intellectual property rights relating thereto, including without limitations, copyrights, hardware designs, algorithms, software, website content and “look and feel,” software and user-interface designs, architecture, documentation (both printed and electronic), network designs, know-how, libraries, data, databases, trademarks, patents, trade names, trade dress, methodologies, trade secrets, confidential information, and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by Driver Support or licensed to Driver Support from a third party), and any derivatives, improvements, enhancements, or extensions of any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by Driver Support or you (collectively, “Driver Support IP”), are and will remain vested in Driver Support at all times and for all purposes.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials submitted to the Service and/or the Sites infringe your copyright, you (or your agent) may send Driver Support a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Driver Support to locate the material on the Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Driver Support against you, the DMCA permits you to send Driver Support a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Use of Information Submitted. Driver Support 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 or calls to the Service, including the Sites and the Client, 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 Services and/or the Client. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Driver Support 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 Driver Support. 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 Driver Support 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.
Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit Driver Support Help Center https://secure.driversupport.com/account/support/contact In certain instances, Your Service may be best provided t to 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 Service and information provided by You Support or other portions of our website, these Terms of Service will control.
Confidentiality. All Driver Support IP is Driver Support’s confidential information. You shall use the same degree of care that you use to protect the confidentiality of your own confidential information of like kind (but in no event less than reasonable care) (i) not to use any confidential information for any purpose outside the scope of these Terms of Service, and (ii) except as otherwise authorized by Driver Support in writing, to limit access to confidential information to those of it and its affiliates’ employees, contractors and agents who need such access for purposes consistent with these Terms of Service and who have signed confidentiality agreements with you containing protections no less stringent than those herein. You may disclose confidential information if you are compelled by law to do so, provided you give Driver Support prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Driver Support’s cost, if Driver Support wishes to contest the disclosure.
Consumer Review Fairness Act. The Consumer Review Fairness Act gives you certain protections against “gag” clauses prohibiting the disparagement of a service provider’s service offerings. The parties acknowledge and agree that, notwithstanding anything to the contrary herein, no clause in these Terms of Service shall be constructed to (i) prohibit or restrict the ability of, or impose a penalty or fee against, you from engaging in any Covered Communication or (ii) transfer or require you to transfer to Driver Support any intellectual property rights in any otherwise lawful Covered Communication other than the non-exclusive license set forth in this clause; provided however that: (1) the foregoing shall not affect (A) any duty of confidentiality imposed by law, (B) any civil actions for defamation, libel or slander or any similar causes of action, or (C) Driver Support’s right to remove or refuse to display publicly on an Internet website or webpage owned, operated or otherwise controlled by Driver Support any Covered Communication that contains the personal information or likeness of any person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the goods and services offered by or available on the Sites; and (2) the foregoing shall not apply to the extent that the clause in these Terms of Service prohibits disclosure or submission of (A) trade secrets or commercial or financial information obtained from any person and considered privileged or confidential, (B) personnel and medical files and similar information, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (D) content that is unlawful or otherwise meets the requirements of subsection (2)(C) above, or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications or files. You grant Driver Support, its successors and assign, the non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to copy, use, reproduce, edit, display, or commercially exploit any Covered Communication, in whole or in part, in any media (including Internet) whether now know or hereafter created, without the requirement of an accounting or prior written notice to you by Driver Support. For purposes of this Section, “Covered Communication” means any written, oral or pictorial (including pictures, photographs, video, illustrations and symbols) review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services or conduct of Driver Support by you.
Publicity. Driver Support may post a customer case study or issue a press release(s) regarding the purchase of the Services by you and the business relationship established under these Terms of Service at any time during and after the term of these Terms of Service. Driver Support expressly prohibits any use, reference to, or other affiliation of its name, trademarks, service marks or trade names with you or any third party, except, in each instance, as expressly authorized in writing by Driver Support and subject to Driver Support’s quality control.
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 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.
Survival. If any provision or provisions of these Terms of Service 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.