Terms Of Use

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") BEFORE USING THE WEBSITE. YOUR USE OF THE WEBSITE TO ACCESS THE PRODUCTS, SERVICES AND APPLICATIONS (COLLECTIVELY, THE "PRODUCTS") CONSTITUTES YOUR AGREEMENT TO THE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING ANY SITE OR PRODUCT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND TO FOLLOW ALL APPLICABLE LAWS, YOU MAY NOT USE THE WEBSITE OR PRODUCTS.

The Terms of Use are between you (“Customer” or "you") and Life Long Driver, LLC dba ADEPT Driver, and its affiliates, ("Company," "we," "us,” or “our”), concerning your use of our websites and web domains (the “Sites”) located at www.adeptdriver.com, app.teensmartdriving.com, app.advanced-driver.com, app.lifelongdriver.com, app.mydrivingiq.com and any other website used to access our Products and Services, together with any successor sites, and our Products.

We reserve the right to update or make changes to the Terms of Use from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of the Terms of Use on the Site. You can determine when the Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of the Terms of Use. When using any Products, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such Products.

1. USE OF CONTENT

The content contained on the Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, taglines, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark, and other such laws in the United States and foreign countries, and is owned or controlled by the Company or by third parties that have licensed their Content to Company. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may not, without the prior written permission of Company, "mirror" on any other server any material contained on the Sites. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Company.

2. PURCHASES

We may offer our Products for purchase through third-party e-commerce suppliers and service providers (collectively, "Service Providers"). If you wish to purchase any Product made available through the Service Providers (each such purchase, a "Transaction"), you may be asked by the Service Providers to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, and your billing address information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

By submitting such information, you grant Company the right to provide such information to third parties for purposes of tracking the completion of Transactions initiated by you or on your behalf.

Before completing a Transaction through the Service Provider, you should read carefully all the instructions provided during the purchase procedure including the Terms of Sale https://fastspring.com/legal/terms-sale/ and the privacy policy of the Service Provider https://fastspring.com/privacy/. Any updates to the current Service Provider Terms of Sale and Privacy Policy are available at the time of purchase.

Use of the selected Product is regulated under the Terms of Use and binding on the Customer. Refer to the Company Privacy Policy regarding the treatment of information provided or collected by the Company. https://www.adeptdriver.com/privacy-policy/.

Without prejudice to the use of data described in the Privacy Policy, any data submitted by you related to the Transaction may be kept by Company for the period required by applicable law. An order may be refused by Company at its sole discretion, including but not limited to the following circumstances: (i) the Products are not available; or (ii) reported, or suspected, fraudulent, or illegal activities, including suspected purchases for resale or commercial purposes.

The acceptance (or the refusal) of your Transaction by Company shall be sent to you via e-mail at the address provided in the order (“Order Confirmation”).

Company reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to Company's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

3. USE OF PRODUCTS

We offer access to our Products on the Sites. Full use of the Products is dependent upon your use of equipment with adequate specifications and Internet access. The maintenance and security of this equipment may influence the performance of the Products. It is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

You agree that you will not use, and will not permit any end user to use, the Products to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Products; (ii) knowingly or negligently use the Products in a way that abuses, interferes with, or disrupts Company’s networks, your accounts, or the Products; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Products any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Products; (vi) use the Products to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Products in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Company or other users of Products; (viii) engage in any activity or use the Products in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Products, or any servers or networks connected to the Products or Company's security systems; or (ix) use the Products in violation of any Company policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.

You may not reproduce, resell, or distribute the Products or any reports or data generated by the Products for any purpose unless you have been specifically permitted to do so under a separate agreement with Company. You may not offer or enable any third parties to use the Products purchased by you, display, or otherwise publish the Products or any Content obtained from a Product or otherwise generate income from the Products.

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE PRODUCTS; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY USE OF THE PRODUCTS, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE PRODUCTS.

4. PRODUCT DELIVERY

Products are accessed via the Sites using a unique license key. Order confirmations, including the unique license key(s), are sent via email. You are responsible for providing a current recipient email address during the order process. Company does not accept responsibility for non-delivery of ordered Products due to invalid email addresses or recipient email filtering or rejecting communications.

5. ACCURACY OF INFORMATION

We attempt to ensure that information on our Sites is complete, accurate and current. We make no representation as to the completeness, accuracy or currentness of any information on the Sites. For example, Products included on the Sites may be unavailable, may have different attributes or requirements than those listed, or may actually carry a different price than that stated on the Sites. In addition, we may make changes to information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any client. Company also reserves the right to adjust the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, and errors in advertisements.

6. INFORMATION SUBMITTED THROUGH THE SITES

Your submission of information through the Sites is governed by Company's Privacy Policy (the "Privacy Policy") https://www.adeptdriver.com/privacy-policy/. The Terms of Use incorporate by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Sites is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Sites and/or any of the Products.

7. REGISTRATION, USERNAMES AND PASSWORDS

You may be required to register with Company to access certain Products on the Sites. With respect to any such registration, we may refuse to grant you, and you may not use, a username (or e-mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Sites and Products and agree not to transfer your password or username or lend or otherwise transfer your use of or access to the Sites or Products, to any third party. You are fully responsible for all interaction with the Sites and Products that occurs in connection with your password or username (including, without limitation, all Transactions). You agree to immediately notify Company of any unauthorized use of your password or username, or any other breach of security related to your account or the Sites, and to ensure that you "log off"/exit from your account with the Sites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Company is authorized to rely upon any acts or communications it receives under your username/password as if such acts or communications have been made by you unless Company receives explicit prior notice otherwise.

8. THIRD PARTY LINKS

The Sites may provide links to other third-party websites and online resources. Unless otherwise stated on the Sites, Company has no control over such sites and resources, and you acknowledge and agree neither Company nor its Service Providers are responsible for the availability of such external sites or resources, and neither Company nor its Service Providers endorse or are responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Sites with or without our authorization. You acknowledge and agree that Company and its Service Providers do not endorse such sites and are not and shall not be responsible or liable for any links from those sites to the Sites, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Company shall have the right, at any time and in its sole discretion, to block links to the Sites through technological or other means without prior notice.

9. DISCLAIMER OF WARRANTIES

THE SITES AND ANY PRODUCTS MADE AVAILABLE THROUGH THE SITES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITES. COMPANY AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES AND ANY PRODUCT (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

10. LIMITATION OF LIABILITY

NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY CONTENT POSTED ON THE SITES BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. THE MAXIMUM LIABILITY OF COMPANY AND ITS SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SITES.

DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF $100.

THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF COMPANY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

If you become aware of any unauthorized third-party alteration to the Sites, contact us at support@adeptdriver.com with a description of the material(s) at issue and the URL or location on the Sites where such material(s) appear.

11. INDEMNITY

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Company, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Sites and/or our Products; (b) your breach of the Terms of Use; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.

12. TERMINATION

The Terms of Use are effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Sites, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the Terms of Use. Upon any such termination, your right to use the Sites will immediately cease. You agree that any termination of your access to or use of the Sites may be affected without prior notice, and that Company may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company shall not be liable to you or any third party for any termination of your access to the Sites or to any such information or files and shall not be required to make such information or files available to you after any such termination. Sections 6-14 and 17 shall survive any expiration or termination of the Terms of Use.

13. 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 materials available on the Sites infringe your copyright, you (or your agent) may send Company a notice at the address listed below requesting that Company remove the material or block access to it and providing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• 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.
• 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 someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Life Long Driver, LLC, Attn: General Counsel, 2374 Maritime Drive, Elk Grove, CA 95758, or by e-mail to support@adeptdriver.com. We suggest that you consult your legal advisor before filing a notice or counter-notice.

14. GOVERNING LAW, JURISDICTION

The Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regards to its principles of conflicts of law. Except as provided herein, you agree to exclusive jurisdiction by the federal and state courts located in Sacramento, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. In the event of any dispute or litigation relating to the Sites and/or Products, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

EXCEPT FOR COLLECTION ACTIONS BY COMPANY OR DISPUTES REGARDING INTELLECTUAL PROPERTY OWNED BY COMPANY, ALL DISPUTES ARISING OUT OF OR RELATED TO THE SITES, THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN THE PARTIES HERETO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THE SITES, YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITES, AND/OR PRODUCTS, YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances unless the arbitrator determines upon request by you or by Company that an in-person hearing is appropriate. Any in-person appearances shall be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

15. CONTACT US

If you have any questions regarding the meaning of application of the Terms of Use, please direct such questions to support@adeptdriver.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Sites and/or Products or for unauthorized purposes, including but not limited to marketing.

16. INFORMATION OR COMPLAINTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an e-mail to support@adeptdriver.com. You may also contact us by writing to Life Long Driver, LLC, Attn: E-Commerce Division, 2374 Maritime Drive, Elk Grove, CA 95758. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. MISCELLANEOUS

The Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of the Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provision. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision. You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms of Use without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Sites, by e-mail, or by regular mail, in Company's discretion. The Sites may also provide notices of changes to the Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.