PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING AGREEMENT.
In this ToU, “TeenDrive”, “we”, “us” and “our” means TeenDrive, LLC, a Delaware Limited Liability Company, a Delaware corporation with its registered address at TeenDrive LLC, 15301 Ventura Boulevard, Bldg B Suite 350, Sherman Oaks, CA 91403.
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT TEENDRIVE MAKES FROM TIME TO TIME.
- The Apps and the Service. The Service provides you, as a legal guardian of a child or children under the age of 18 (your “Minor Child” or “Minor Children”), with the ability to collect certain information or to remotely manage the mobile devices of your Minor Children when they drive a motor vehicle (whether before, during, or after their driving activity), provided that, in each case, you have obtained each Minor Child’s consent to download and install the Driver App, to collect such information and to manage each such device. The Apps, the Site and Service may provide you with certain features which enable you to limit certain mobile device functionality with respect to your Minor Child’s mobile device, such as, composing outgoing text messages, the ability to view incoming text messages or other notifications, sending or receiving incoming calls and access to any data services outside the Driver App while your Minor Child is driving. The Driver App can be disabled for emergency use while connected and, if disabled, you will receive an alert that the Driver App has been disabled for an emergency. While connected, the Driver App will lock access to data services and incoming calls as if the mobile device were powered off while in motion. The Apps and the Service may also provide you with the ability to set driving rules for your Minor Child, including with respect to location boundaries, driving curfews, speed limit, and highway rules, and will provide you with an alert when any rule is violated (“Driving Information”) and allow you to send an alert through push notifications to your Minor Child’s mobile device when a rule is violated (“Driver Alerts”). The Apps may access and use your Minor Child’s personally identifiable location information (“Location Information”) in order to determine your Minor Child’s location and when your Minor Child’s vehicle is in motion for the purpose of locking out data services and providing alerts as described above.
By default, the Driver App is set to turn on once your Minor Child’s mobile device is connected to the TeenDrive beacon device (the “Beacon”) which connects via Bluetooth to your Minor Child’s mobile device or when motion is detected by such Minor Child’s mobile device. It will also turn off automatically once no longer connected to the Beacon or when no motion is detected.
TeenDrive will not be responsible or liable in any manner for any actions that result from your use or your Minor Child’s use of the Apps, for any actions you direct TeenDrive to take through the Driver Alerts or for any resulting events or circumstances that arise from such actions or the Driver Alerts, including, without limitation, the property damage of, or personal injury or death of, any person.
- Representations and Warranties. By using the Apps, the Site and Service or clicking the “I Accept” button, you hereby warrant, represent, covenant and certify the following:
- All information that you provide to TeenDrive is true and accurate, including, without limitation, the state of residence and the ages of each of your children that will be using mobile devices with the Service;
- You will only use the Apps, the Site and Service as an aid to your efforts to protect and enhance the welfare of your Minor Children for whom you are the legal guardian (as more thoroughly described in Section 9.1, below) on devices that you own and control;
- You represent and warrant that you have obtained the consent of each of your Minor Children whose driving activity you wish to monitor through the Service, to download and install the Driver App on such Minor Child’s mobile device and to register and link such Minor Child’s Driver Account to your Parent Account;
- You represent and warrant that you have obtained consent from each of your Minor Children with respect to, and you expressly consent to, TeenDrive collecting and using the Location Information and Driving Information for the purpose of providing the Service and granting you access to the Location Information and Driving Information and managing the mobile device of each of your Minor Children that you have registered on the Apps for your exclusive password restricted access through the Parent App;
- You will not use the Apps, the Site, Service, the Location Information, or the Driving Information in violation of any Federal, State or local law, rule, ordinance or governmental regulation you are subject to. Notwithstanding the foregoing, TeenDrive is not responsible for your access or use of the Location Information or Driving Information;
- You will not use the Driving Information or Driver Alerts in a way that distracts your Minor Children while driving, or that interferes with the ability of any person to follow traffic laws while driving;
- You consent to TeenDrive taking all actions as directed by you to provide Driver Alerts to the mobile devices of your Minor Children on which the Driver App is installed and that you own and control;
- You will not use the Apps, the Site or Service to monitor the activities of (i) any person that is 18 years of age or older, or (ii) any other person for whom you are not the legal guardian;
- You agree that TeenDrive is not responsible or liable in any manner for any actions you direct TeenDrive to take through the Driver Alerts or for any resulting events or circumstances that arise from such Driver Alerts, including, without limitation, the property damage of, or personal injury or death of, any person;
- You will only install and attach the Beacon on a motor vehicle that you own or lease, or that is owned or leased by your Minor Child (with their express permission in writing);
- You will only install the Apps and use the Service to monitor the driving activities of your Minor Children for whom you are the legal guardian on mobile devices that you own and control and in addition to having obtained the consent of each Minor Child, you consent to the collection of information on your Minor Child’s device on behalf of such Minor Child;
- You will properly follow all instructions and documentation provided by TeenDrive to you at the Site;
- You will not allow any other person who is not a legal guardian of your Minor Child to access the Location Information or Driving Information, or to utilize the Driver Alerts; and
- You have advised all users of the mobile devices or motor vehicles on which the Apps or the Beacon are installed, respectively, that you own those devices or vehicles and, with respect to the mobile devices, may re-possess and inspect those devices and inspect the data they contain.
- Your use of the Service shall be for the sole purpose of protecting your Minor Child(ren)’s welfare by the monitoring of devices of such Minor Child(ren) that you own and control. You shall not use your Minor Child(ren)’s collected Location Information or Driving Information for any private and/or commercial purposes other than providing the Apps, the Site and the Service. If you are found to have violated this ToU and if required, TeenDrive reserves the right to provide the relevant government authorities with information about you and your activities. In addition, your access to and use of the Service will be terminated without refund.
- Requirements. In order to use the Apps and the Service: (i) you will be required to make a one-time purchase of the Beacon for each associated vehicle you wish to use with the Service, (ii) you will be required to download and install the Parent App on a mobile device that you own and control and create an account as further detailed in Section 9.2, and (iii) you will be required to download and install the Driver App on one or more devices that you own and control for each Minor Child associated with your account. Each mobile device on which you download one or more of the Apps must meet the minimum specifications provided by TeenDrive. You acknowledge and agree that TeenDrive may during the installation of the Apps, send notifications to the devices you have registered stating that the device belongs to its authorized owner, may be used only for safe and legal activities, and has software that maintains a record of the Location Information and Driving Information that may be accessed by the owner of the device. Additionally, you acknowledge and agree that Apple Inc. (“Apple”) may send notifications to the Apple iOS mobile operating system (“iOS”) device being monitored and any associated email addresses as a direct result of using the Service. These requirements may change as the Service evolves. You are responsible for any voice, data and messaging fees that you incur when accessing and utilizing the the Service.
- Updates to this ToU. TeenDrive may revise this ToU as the Apps, the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline an update of this ToU. You must agree to all revisions if you choose to continue using the Apps, the Site and/or Service. By using the Apps, the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site and the Apps. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Apps, the Site and/or Service and uninstall the Apps.
- App Updates. In an effort to improve the Service, TeenDrive may require that you download and install updates to the Apps from time to time. You acknowledge and agree that TeenDrive may update the Apps with or without notifying you and add or remove features or functions to the Apps at any time in its sole discretion. You acknowledge and agree that TeenDrive has no obligation to make any subsequent versions of the Apps available to you. You acknowledge that features may change during your use of the Apps.
- Membership and Billing.
- Free Trials; Automatic Billed Renewals; Monthly and Annual Subscriptions. Depending on our promotions and requirements at any given time, a Focus membership may start with a free trial. Any free trial period shall be specified during sign-up, if at all. Free trials may not be combined with any other offers. You must have a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use the Service.
Unless you cancel your service at least twenty-four (24) hours before the end of the free trial period, you will be automatically renewed at the then-published monthly or annual rate for our Service at the end of the trial period for a monthly or annual subscription. You must cancel at least twenty-four (24) hours prior to the end of your free trial period to avoid charges to your selected Payment Method.TeenDrive will continue to bill your Payment Method on a monthly or annual basis for the Service, until you cancel. To cancel, please contact TeenDrive Customer Support at (800) 252-9606 or email us at firstname.lastname@example.org. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods.
TEENDRIVE SHALL NOT BE RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE FREE TRIAL PERIOD.We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We may also offer promotional memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible nor liable for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. We will provide you with reasonable notice upon the modification or termination of any of our offered membership plans. Unless otherwise stated differently, month, year, monthly, or annual refers to your billing cycle (See “Billing” below).
- Billing. Refund Policy. By starting your Focus membership, you are expressly agreeing that we are authorized to charge you a monthly or annual membership fee at the then published rate, and any other charges you may incur in connection with your use of the Apps and the Service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in this ToU, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the commencement of your paying membership (after any free trial period, if applicable, has ended) and each month or year (as applicable) thereafter throughout the duration of your membership.
We automatically bill your Payment Method each month or year (as applicable) on the anniversary of the commencement of your paying membership. In the event your paying membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you started your TeenDrive membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month or year may vary for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges and you expressly acknowledge and agree that you are solely responsible for any such charges.
We may periodically authorize your card in anticipation of membership or related charges and do so without notifying you.
MEMBERSHIP FEES AND CHARGES ARE FULLY EARNED UPON PAYMENT. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. ACKNOWLEDGE THAT TEENDRIVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“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. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting the Site or the Parent App and clicking on the “Your Account” link, available at the top of the pages of the Site or in the menu located in the Parent App. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
- Ongoing Membership. We will bill the monthly or annual membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). You may not assign or transfer your subscription to any other person or entity.
- Cancellation. You may cancel your TeenDrive membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR YEAR MEMBERSHIP PERIODS.To cancel, please contact TeenDrive Customer Support at (800) 252-9606 or email us at email@example.com.TEENDRIVE IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBSCRIPTION IF YOU DO NOT PROPERLY FOLLOW THE CANCELLATION PROCEDURES SET FORTH HEREIN.
- Apple iOS and Google Android System issues. TeenDrive may provide the Apps and Service for use on or with Apple’s iOS-enabled or Google Android-enabled mobile devices. In order to use the Service and the Driver App on an Apple iOS-enabled mobile device, you will also be required to download and install an iOS configurator tool (the “Configurator”) which allows the Service to disable certain data (including text messages) while the Minor Child is driving. In order to install and run the Configurator, you will be required to have access to the driver’s mobile device and a Windows or Apple computer. You are solely responsible for the installation of the Configurator on your Minor Child’s mobile device. From time to time Apple or Google, as applicable, may change the requirements of iOS or the Google Android operating system, respectively, such that the Apps and/or Service may become inoperable for unexpected and undefined periods of time on such devices. As a result, TeenDrive does not guarantee any up-time or availability with respect to the Apps or Service on iOS or Google Android. In the event that any disruption to your subscribed Service is caused by any change in iOS or Google Android (a “Disruption”) and such Disruption lasts for more than a continuous one-week period, TeenDrive hereby agrees as follows:
- all account holders with iPhone-only or Google Android-only installed Apps and Service who request a credit will be credited on a pro rata basis for that period of time in which they were without the Service as a result of such Disruption (“Disruption Credit Amount”) and such credit shall be applied against any amounts owed by the account holder in the next monthly billing cycle (whereby normal billing shall automatically resume) or if the account holder decides to cancel their subscription, we will refund the Disruption Credit Amount less any credit amounts applied to such account holder’s account; and
- all holders in any Free Trial period with iPhone-only or Google Android-only installed Apps and Service who make a request to receive a renewed and restarted Free Trial Period shall receive a renewed and restarted Free Trial period commencing on the day in which Service is restored.
All account holders with multiple device accounts including an iPhone and/or Google Android account shall be billed as usual.
- Data Availability. For both iOS and Android based devices, if a subscription is canceled for any reason, a subscription is suspended by TeenDrive if a payment is late, there is an investigation into the authenticity of information provided, or a device is linked to a Minor Child who has reached the age of 18 or is believed to be a resident of Iowa or Vermont (each occurrence, a “Cancelation Event”), TeenDrive will (i) immediately cease the monitoring of all mobile devices related to such subscription or the applicable Minor Child and (ii) delete all monitored data (e.g., the Location Information and Driving Information) for such subscription for the applicable Minor Child within 90 days from the date of the Cancelation Event (and such deletion may occur immediately upon such Cancelation Event). Upon such deletion, no monitored data (as a whole or with respect to the applicable Minor Child, as applicable) will be available on the Apps, the Site and/or the Service. However, TeenDrive will keep your general account information (such as your name and email address) indefinitely.
- Termination of Service. The Apps and the Service are a closely-controlled monitoring service owned and maintained by TeenDrive, and TeenDrive reserves the right to deny service to any person at TeenDrive’s sole and absolute discretion. The Apps and the Service are offered with the understanding that TeenDrive may terminate any account registered to you and/or your access to the Apps and the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. TeenDrive reserves the right to deny service to, or if applicable, terminate the service of any account registered to or associated with, a user (a “TeenDrive Violating User”) that attempts to install the Driver App and monitor the Driving Information and Location Information through a device of an individual that is not such user’s Minor Child (e.g., attempts to install and monitor the Driver App on a device of (i) someone over the age of 18 and/or (ii) a child over whom the user is not the legal guardian). Additionally, if TeenDrive is put on notice (through a complaint or other evidence) that an individual may be a TeenDrive Violating User, TeenDrive reserves the right to block all accounts associated with such potential TeenDrive Violating User. TeenDrive may also terminate your account at any time if TeenDrive determines it is required by law to terminate your account or if TeenDrive decides to stop providing the Service or critical portions of the Service in the country or state where you reside, use the Apps, access the Site or use the Service or TeenDrive determines that it is no longer in its business interests to continue providing the Service.
- Account Security.
- Eligibility. You represent that you are an adult over the age of 18 and have the legal capacity to enter a contract in the jurisdiction where you reside. Any child that you intend to subject to our Service shall be under the age of 18 years old and unless you are the legal guardian of your child, you may not monitor such a child or any child in which you are brother/ sister, step brother or step sister, aunt or uncle, cousin or nephew, grandfather or grandmother, great grandfather or great grandmother. You cannot use our Service to monitor anyone who is not your Minor Child as defined hereinabove without their express written consent. If you have any questions on eligibility of the use of our Service, please contact us at firstname.lastname@example.org.
- Account. To access the Service and use the Apps, you must install the Parent App on your mobile device and create an account (a “Parent Account”) and you must install the Drive App on your Minor Child’s mobile device that you own and control and cause the creation of an account for such Minor Child (each, a “Driver Account”). You can create a Parent Account by completing the registration process on the site and installing the Parent App on your mobile device. You can set up a Driver Account (i) on any iOS-enabled mobile device by installing an enrollment certificate which allows you to remotely control the device, or (ii) on any Android mobile device by setting up “device accessability” mode to remotely control the device. Further instructions on how to set up the Driver Accounts and link them to your Parent Account can be found on the Site.
- Account Security. Maintaining Parent Account security is very important. You are entirely responsible for maintaining the confidentiality of the Parent Account password. You agree to notify TeenDrive immediately if you believe that a Parent Account password may have been compromised.
- Driver Accounts. You will have access to the Location Information and Driving Information of each Driver Account linked to your Parent Account so long as the mobile device associated with the Driver Account: (i) has location services enabled and turned on, (ii) continues to have the Driver App installed, (iii) for iOS devices, continues to have the enrollment certificate installed, and (iv) has Bluetooth turned on and connecting to the Beacon. In the event of a failure of any one of the above requirements, the Parent App will show the associated Driver Account as being in a “tamper” state and will alert you to the fact that the Driver App is not functioning as intended. You are solely responsible for resolving any and all tamper state issues and TeenDrive shall not be liable to you for any failure of the above requirements to be met. TeenDrive shall not be liable in any manner for any losses resulting from the failure of the Service or Apps due to a Driver Account being in a tamper state, including, without limitation, the property damage of, or personal injury or death of, any person.
- Account Sharing or Transfers. You may not share or transfer any account. You may not disclose your password to anyone else.
- Cancellation by You. You have the right to cancel any account registered to you at any time. You may cancel any account registered to you by following the instructions on the Site.
- Effect of Account Termination or Cancellation. If you voluntarily terminate an account or allow that account to lapse, you may reactivate that account at any time through the account interface on the Site or the Parent App. Accounts terminated by TeenDrive for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason. Upon any termination or suspension of Service, the functions of the Apps on all mobile devices on which the Apps are installed shall cease and any information you have submitted on the Apps, the Site or that which is related to your account may no longer be accessed by you. Furthermore, TeenDrive will have no obligation to maintain any information stored in our database related to your Parent Account or your Driver Account(s) or to forward any information to you or any third party. For clarity, TeenDrive will delete all Location Information and Driving Information for any device associated with a TeenDrive Violating User’s account (each, a “Blacklisted Device”) in accordance with Section 8 above. Furthermore, all Blacklisted Devices will be added to a “do not service” list and, thereafter, the Apps may not be installed and the Service shall not be used with such Blacklisted Devices.
- License, Restrictions and Conditions of Use.
- License. Subject to the terms and conditions of this ToU, and for the sole purpose of personally evaluating the Apps and Service during a free trial period if you are using the Service during a free trial period, or for your personal use while you have an active Parent Account, TeenDrive hereby grants you a limited, non-exclusive, revocable license to (i) install the Apps on one or more mobile devices which are owned by you, are under your control and which meet TeenDrive’s minimum specifications, and (ii) view, review and utilize the Apps and the Service and any related information provided to you by TeenDrive for the limited purposes described in this ToU. You agree that you will not (i) sell, lease, license, sublicense, assign or grant a security interest in the Apps or the Service; (ii) decompile, disassemble, or reverse engineer the Apps or the Service, in whole or in part; (iii) write or develop any derivative software or any other software program based upon the Service, except as directed by TeenDrive and subject to the ownership terms of this ToU; (iv) provide, disclose, divulge or make available to, or permit use of the Apps or the Service by any third party without TeenDrive’s prior written consent; or (v) copy the Apps or the Service except as necessary to use the Service for your personal evaluation of the Service if you are using the Service on a free trial basis or for your personal use if you have an active Parent Account.
- Use of Apps, Site and Service. TeenDrive permits you to view and use the Apps, the Site and the Service solely for your personal, non-commercial use in accordance with this ToU and the rules, restrictions or documentation set forth by TeenDrive from time to time. You agree not to license, reproduce, publicly perform, publish, create derivative works from, distribute, transfer, sell or re-sell any information, content, or services obtained from or connected to the Apps, the Site or the Service in any way not contemplated by this ToU. TeenDrive reserves the right to add or remove features or functions to the Apps and the Service at any time in its sole discretion. When installed with a compatible mobile device, the Apps will periodically communicate with TeenDrive servers.
- No Violation of Laws. You agree that you will not, in connection with your use of the Site, the Apps or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Apps, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Software License Restrictions. Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or the Apps; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of TeenDrive; or (iv) make any false, misleading or deceptive statement or representation regarding TeenDrive and/or the Apps or Service.
- Misuse of Site and/or Service. You may not connect to or use the Apps, the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Apps, the Site and/or Service or otherwise attempt to disrupt the Apps, the Site and/or Service or any other person’s use of the Apps, the Site and/or Service; or (b) attempt to gain unauthorized access to the Apps, the Site, Service, or accounts registered to other users. Furthermore, you may not use the Apps, the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Apps, the Site and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding TeenDrive and/or the the Apps or Service or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
- No Commercial Uses. You agree that you will not use any portion of the Apps, the Site or the Service for any commercial purpose or the commercial benefit of any third party or charge any person, or receive any compensation for, the use of any portion of the Apps, the Site or Service.
- No Data Mining or Harmful Code. You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Apps or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Apps, the Site or the Service.
- Links from the Service. The Service may contain links to websites operated by other parties. TeenDrive provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of TeenDrive, and TeenDrive is not responsible for the content available on the other sites. Such links do not imply TeenDrive’s endorsement of information or material on any other site and TeenDrive disclaims all liability with regard to your access to and use of such linked websites.
- Links to the Service. Unless otherwise set forth in a written agreement between you and TeenDrive, you must adhere to TeenDrive’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TeenDrive’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TeenDrive, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking site, and (iv) TeenDrive reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Intellectual Property.
- Trademarks. TeenDrive, Focus, Focus by TeenDrive and the TeenDrive and Focus logos are trademarks/service marks of TeenDrive. Unauthorized use of any TeenDrive trademark, service mark or logo may be a violation of federal and state trademark laws.
- Copyright. The Site, Service and the Apps are protected by U.S. and international copyright laws. Except for your use as authorized in this ToU, you may not modify, reproduce or distribute the content, design or layout of the Site, Service or Apps, or individual sections of the content, design or layout of the Site or the Apps without TeenDrive’s express prior written permission.
- Ownership. You acknowledge and agree that TeenDrive owns all rights, title and interest in and to the Apps, the Site and the Service and related information, improvements, enhancements or derivatives thereto, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time. Further, you acknowledge that the Service may contain information that TeenDrive has designated as confidential and you agree not to disclose such information without TeenDrive’s prior written consent.
- Feedback. TeenDrive shall exclusively own and have title to all feedback, reports and test results provided by you and any modifications or derivatives of the Apps or the Service. You hereby make all assignments (or in the alternative when an assignment cannot be effected, you grant TeenDrive an exclusive, perpetual, and irrevocable license) of all ownership interest in any feedback, reporting, results, or any other related diagnostic or customer service information associated with your use or personal evaluation of the Apps and/or the Service and related written materials. The foregoing shall not apply to your proprietary information, if any, disclosed to TeenDrive.
- Location. The Site and the Service are controlled and operated by TeenDrive for use in the United States. TeenDrive makes no representations that the Site or the Service are appropriate or available for use in other locations. Those who access or use the Site and/or the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site or the Service if you are a resident of a country embargoed by the United States, or a foreign person or entity blocked or denied by the United States government. Unless otherwise expressly set forth herein, all materials found on the Site or the Service are solely directed to individuals, companies, or other entities located in the United States.
- Submitted Content. TeenDrive does not claim ownership of any materials you make available through the Site or the Apps. At TeenDrive’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site or the Apps, you grant TeenDrive a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section 14.
- Children. You must be at least 18 years old to obtain a Parent Account on the Site or through the Apps. We do not knowingly collect any personal information from children (except the information that you, as the parent or legal guardian, submit to us) or sell any products to children.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPS, THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TEENDRIVE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE APPS, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE APPS, THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. TEENDRIVE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPS, THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE APPS, THE SITE, THE SERVICE OR THE RESULTS OBTAINED FROM USE OF THE SERVICE (E.G., DRIVING INFORMATION, LOCATION INFORMATION OR REPORTING) WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPS, THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TEENDRIVE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) THE SERVICE WILL DETECT OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF DRIVING INFORMATION OR MOBILE DEVICE CONTENT UNDERTAKEN TO BE PROVIDED BY THE SERVICE; OR (III) THAT THE SERVICE OR RESULTS OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE AND THAT TEENDRIVE IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ARISING FROM THE USE OF THE SERVICE OR THE APPS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEENDRIVE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING FROM ANY DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, FAILURE OF OR USE OF THE APPS, THE SITE AND/OR SERVICE, EVEN IF TEENDRIVE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF TEENDRIVE OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
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, the liability of TeenDrive and its affiliates shall be limited to the fullest extent permitted by law.
- Indemnification. You agree to indemnify, defend and hold TeenDrive and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Apps and/or the Service or any breach by you of this ToU or any other policies that TeenDrive may issue for the Site, the Apps and/or Service from time to time.
- Governing Law; Jurisdiction. This ToU shall be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. Except as provided in Section 20 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site, the Apps and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction and venue of such courts.
- Binding Arbitration.
- Arbitration Procedures. You and TeenDrive agree that, except as provided in Section 20.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 20 and the JAMS Rules, the terms in this Section 20 will control and prevail.
Except as otherwise set forth in Section 20.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and TeenDrive may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TEENDRIVE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- Location. The arbitration will take place in Los Angeles County, California, unless the parties agree to video, phone and/or internet connection appearances.
- Limitations. You and TeenDrive agree that any arbitration shall be limited to the Claim between TeenDrive and you individually. YOU AND TEENDRIVE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and TeenDrive agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or TeenDrive’s copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Notice Regarding App Stores. To the extent that you are using the Apps that you downloaded through a third party’s App store, you further acknowledge and agree to the terms of this Section 21. You acknowledge that this ToU is between you and TeenDrive only, not with the owner or operator of the App store (the “App Store Provider”), and the App Store Provider is not responsible for the Apps or the Service and the content thereof.
- The App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps or the Service. In the event of any failure of the Apps or Service to conform to any applicable warranty, you may notify the App Store Provider and the App Store Provider will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the Apps or the Service.
- The App Store Provider will not be responsible for addressing any claims by you or any third party relating to the Apps or the Service or your possession and/or use of the Apps or the Service, including, but not limited to (i) product liability claims; (ii) any claim that the Apps or the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- The App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any third-party claim that the Apps or the Service and/or your possession and use of the Apps infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Apps or the Service. You acknowledge and agree that the App Store Provider and its subsidiaries are third-party beneficiaries of this ToU, and upon your acceptance of this ToU, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this ToU against you as a third-party beneficiary of this ToU.
- You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- ToU Revisions.This ToU may only be revised in a writing signed by TeenDrive, or published by TeenDrive on the Site and/or the Apps.
- No Partnership.You agree that no joint venture, partnership, employment, or agency relationship exists between you and TeenDrive as a result of this ToU or your use of the Service or the Apps.
- Assignment.TeenDrive may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without TeenDrive’s prior written consent, and any unauthorized assignment by you shall be null and void.
- Severability.If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
- Attorneys’ Fees.In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver.Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Notices.All notices given by you or required under this ToU shall be in writing and addressed to: TeenDrive, Inc., TeenDrive LLC, 15301 Ventura Boulevard, Bldg B Suite 350, Sherman Oaks, CA 91403 Attention: User Support.
- Export Administration.You will comply fully with all relevant export laws and regulations applicable to you, including, without limitation, the U.S. Export Administration Regulations if you are a resident of the United States (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Apps or the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
- U.S. Government Rights.If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.
- Equitable Remedies.You hereby agree that TeenDrive would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement.This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Apps, the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Apps and/or Service.
App Version: 1.3.2