Smart-Drive.club , Inc. (“Smart-Drive.club”,” “we, “us” or “our” as the context indicates) owns and operates Smart-Drive.club and other sites linking to these Terms of Use, including the mobile version of this website and our mobile application (individually, the “Site,” or, collectively, the “Sites”). Through the Sites, Smart-Drive.club provides various service offerings, information and resources related to vehicle inspection services (each a “Service” and collectively, the “Services”). References to the Sites include the Services.
These terms of use (“the “Terms of Use”) are an agreement between you and Smart-Drive.club governing your access to and use of the Sites, their functionality, their content, and our Services. By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with Smart-Drive.club.
Smart-Drive.club may change, suspend, modify, or discontinue all or any part of the Sites in its sole discretion with or without notice. Smart-Drive.club is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. Smart-Drive.club reserves the right to block or deny access to any of the Sites to anyone at any time and for any reason. Smart-Drive.club is not obligated to correct or update any information or content on the Sites. The information published on the Sites was valid at the time of publication. Smart-Drive.club reserves the right to make changes and improvements at any time and without notice and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
THE SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PROMPTLY EXIT THE SITE WITHOUT ACESSING OR USING ANY OF THE SERVICES.
BY ACCESSING ANY PAGES OF THE SITES, CREATING AN ACCOUNT, USING ANY SERVICES MADE AVAILABLE THROUGH THE SITES, POSTING, SUBMITTING, TRANSMITTING OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES, YOU EXRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES. DO NOT USE THE SITES IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.
Restrictions on Use
The Sites are the property of Smart-Drive.club and are protected by state, federal, and/or international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Smart-Drive.club. The Sites are provided for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Smart-Drive.club.
Account Access and Security
Should you choose to register an account with us, you are responsible for maintaining the confidentiality of your account, including your username and password. You agree to notify Smart-Drive.club immediately if you become aware of any unauthorized access to or use of your account. To protect the security of your account, you should choose a username and password that are not associated with your personal information. Smart-Drive.club reserves the right to disable an account at any time.
User Content
The Sites may now or in the future contain Services that use information you have provided to Smart-Drive.club and that allow you and others to post, submit, publish, display, or otherwise transmit (“post”) various information and materials (“User Content”), which may include answers in response to questions, comments, documents, and other similar content. Except as expressly provided in these Terms of Use or the policies applicable to the Sites, the User Content is and will be considered non-confidential and non-proprietary. You retain all your ownership rights in and to your User Content, and by posting User Content to the Sites, you hereby grant to Smart-Drive.club an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, sub-licensable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit such User Content and derivatives thereof, in whole or in part, and in any form, media, or technology now known or hereafter developed.
Smart-Drive.club is under no obligation to use, return, review, or respond to User Content. You understand and acknowledge that you are responsible for any User Content you provide. In providing any User Content, you represent and warrant that (i) you own or control all rights in and to such User Content and have the right to grant the license granted above and (ii) all of your User Content does and will comply with these Terms of Use, including the Content Standards below. You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, as further explained in the Content Standards.
Content Standards
You agree that you will not post any User Content that (i) infringes or violates any other party’s intellectual property rights; (ii) fails to comply with applicable laws and regulations, or (iii) contains any expressions of hate, abuse, offensive images or conduct, or any similar content.
Questions, comments and complaints regarding Smart-Drive.club App’s data practices can be submitted to the Smart-Drive.club App data protection office through this link.
Without limiting the foregoing, User Content must not:
Monitoring and Removal of User Content
Smart-Drive.club reserves the right, in its sole discretion, to (i) remove or refuse to post any User Content for any or no reason; (ii) take any action with respect to any User Content that it deems necessary or appropriate, if Smart-Drive.club believes that it violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety, or could create liability for Smart-Drive.club; or (iii) take any action Smart-Drive.club deems appropriate or advisable, including referral to law enforcement, for illegal or unauthorized User Content or use of the Sites, to prevent harm, or to protect against liability. Without limiting the foregoing, Smart-Drive.club has the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of anyone posting any User Content.
Smart-Drive.club is not responsible or liable to any third party and assumes no liability for any action or inaction regarding the posting of User Content by any user or third party. At its discretion Smart-Drive.club may, but is not obligated to, take steps to monitor User Content. However, Smart-Drive.club does not review material before it is posted and makes no guarantees regarding promptness of removal of objectionable material after it has been posted. Smart-Drive.club is not deemed to endorse, verify, or agree with any User Content.
Smart-Drive.club HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION. YOU WAIVE AND HOLD HARMLESS Smart-Drive.club AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY Smart-Drive.club OR LAW ENFORCEMENT AUTHORITIES.
Prohibited Uses
As a condition of your use of this Sites, you warrant to Smart-Drive.club that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not use the Sites:
Intellectual Property Rights
Smart-Drive.club and its licensors or other providers own the Sites, including all of their content, features, and functionality–including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Sites (“Site Content”). The Sites and all such Site Content are protected by copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by Smart-Drive.club. Any use of the Sites or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.
You may use the Sites solely for their intended purpose and you may download one copy of the Site Content on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Smart-Drive.club’s Services. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Smart-Drive.club icons, site address, or other means to hyperlink other websites with our Sites.
Trademark Notice
Smart-Drive.club owns and retains all rights in its trademarks, trademark names, trade dress, logos, and designs, which are registered and/or common law trademarks of Smart-Drive.club and are protected by law (the “Trademarks”). No license to use Smart-Drive.club’s Trademarks is granted to you under these Terms of Use or by your use of the Sites. All other logos, designs, and slogans on the Sites are the intellectual property of their respective owners and are used in accordance with the law and/or license and/or other agreement.
Third Party Information
The Sites may include content provided by third parties. Other than content provided by Smart-Drive.club, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. Smart-Drive.club is not responsible for the content or accuracy of any materials provided by any third parties. Smart-Drive.club does not warrant the accuracy, completeness, or reliability of any third party information on the Sites.
Links to Our Sites
You may link to our Sites provided you do so in a way that is legal and does not take advantage of Smart-Drive.club’s reputation. In so doing, you must not suggest any form of association, approval or endorsement on the part of Smart-Drive.club without the express written consent of Smart-Drive.club.
Our Sites may offer integration with social media websites or apps. The Sites may provide features that enable you to (i) link from your own or certain third-party social media websites to particular content or types of content on the Sites; (ii) send e- mails or other communications with certain content, or links to certain content, on the Sites; or (iii) cause limited portions of content displayed on the Sites to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as Smart-Drive.club provides and in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (i) establish a link from any website or social media account that you do not own or control; (ii) cause the Sites or portions of it to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or; or (iii) take any other action with respect to the material or content on the Sites that is inconsistent with any other provision of these Terms of Use.
The website from which you link, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with Smart-Drive.club in causing any unauthorized framing or linking to cease immediately. Smart-Drive.club may withdraw linking permission without prior notice. Smart-Drive.club may disable any or all social media features and any links at any time without notice.
Links to Other Websites
Smart-Drive.club makes no representations whatsoever about any other website that you may access though this Site. When you access a non-Smart-Drive.club website, please understand that it is independent from Smart-Drive.club and that Smart-Drive.club has no control over the content on that website. In addition, a hyperlink to a non- Smart-Drive.club website does not mean that Smart-Drive.club endorses or accepts any responsibility for the content, or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Geographic Restrictions
Smart-Drive.club is intended for use only by persons located in the United States. Smart-Drive.club makes no claim that the Sites or any of their content is appropriate or accessible outside of the United States. If you are accessing the Sites outside of the United States, your access to the Sites is done at your own risk as it may not be legal.
Disclaimer of Warranties
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE. NEITHER Smart-Drive.club OR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, SAFETY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES, SITE CONTENT, AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Smart-Drive.club OR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FEE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Smart-Drive.club DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLDUING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND Smart-Drive.club’S SERVICES.
THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DOES NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.
No Warranty of Safety
Smart-Drive.club EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE SAFETY OF YOUR VEHICLE, REGARDLESS OF WHETHER OR NOT YOUR VEHICLE PASSES Smart-Drive.club’S VISUAL INSPECTION.
YOU ACKNOWLEDGE AND AGREE THAT THE SAFETY OF YOUR VEHICLE IS YOUR RESPONSIBILITY AND NOT THE RESPONSIBILITY OF Smart-Drive.club.
YOU ACKNOWLEDGE AND AGREE THAT ANY VEHICLE INSPECTION SERVICE PROVIDED TO YOU BY Smart-Drive.club IS BASED SOLELY ON INFORMATION AND PHOTOGRAPHS PROVIDED BY YOU FOR THE PURPOSE OF PERFORMING AN EVALUATION OF YOUR VEHICLE FOR USE AS A RIDESHARE VEHICLE. YOU ACKNOWLEDGE AND AGREE THAT Smart-Drive.club IS NOT EVALUATING NOR ENSURING THE SAFETY OF YOUR VEHICLE. IF YOU HAVE ANY DOUBTS ABOUT THE SAFETY OF YOUR VEHICLE, YOU SHOULD HAVE YOUR VEHICLE INSPECTED BY A THIRD PARTY QUALIFIED TO PROVIDE SUCH AN INSPECTION.
Limitation on Liability and Time to File Claims
IN NO EVENT WILL Smart-Drive.club, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, OR AFFILIATES OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITE, ANY SITE CONTENT OR OTHER CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Smart-Drive.club WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Smart-Drive.club App uses the information we collect (including recordings of customer support calls after notifying you and with your consent) to assist you when you contact our customer support services, including to:
YOU UNDERSTAND AND ACKNOWLEDGE THAT Smart-Drive.club WOULD NOT BE ABLE TO PROVIDE THE SITE AND SERVICES ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES AND LIMITATIIONS OF LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
We may use the information we collect for testing, research, analysis and product development. This allows us to further and further improve the security of our services, to develop new features and products and to facilitate insurance and financing solutions related to our services.
Refunds
Smart-Drive.club handles refund requests on a case by case basis. From time to time, Smart-Drive.club may offer a refund for an inspection if, in its sole and absolute discretion, it determines that a refund is appropriate. Under no circumstances shall Smart-Drive.club be obligated to provide a refund. You acknowledge that your vehicle may be rejected for non-compliance with certain standards, and that in such event, Smart-Drive.club will have nevertheless expended effort and resources in providing the Services. Smart-Drive.club cannot guarantee the suitability or compliance of every vehicle inspected, and therefore cannot guarantee a satisfactory result, despite your payment for the Services.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Smart-Drive.club, its affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Services, including, but not limited to, your User Content and any use of the Sites other than as expressly authorized in these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts located in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
Waiver and Severability
No waiver by Smart-Drive.club of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smart-Drive.club to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by Smart-Drive.club. If in Smart-Drive.club’s sole discretion you fail to comply with any term or provision of these Terms of Use, Smart-Drive.club may deny you access to the Sites. In the event of denial of access by Smart-Drive.club, you are no longer authorized to access the Sites, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.
Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and Smart-Drive.club regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. In its sole discretion, Smart-Drive.club may modify these Terms of Use by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the Terms of Use linked on this Site at that time.
Contact Smart-Drive.club
This website is operated by Smart-Drive.club located at www.Smart-Drive.club All feedback, comments, requests for technical support, or other communications relating to the Sites should be directed to: [email protected]