1. TERMS AND
CONDITIONS
Following are the
terms and conditions which govern the use of the DRIVE MOBILE web site
("Web Site"). These terms and conditions are intended to be a legal
and binding Agreement between DRIVE MOBILE, including its affiliates and
contractors, and you. By accessing and browsing this Web Site, you
acknowledge that you have read and reviewed the following terms and
conditions and that you agree to be bound by them. This agreement
constitutes the entire and complete agreement between you and
DRIVE MOBILE.
.
2. SIGNATURE/BINDING
ACCEPTANCE
By ordering any product from this website,
you agree that providing a unique email address and postal address
on the online order form or via email will be used in lieu of your
written signature and will be considered to be legally binding as if
your signature was placed on the order and/or credit card
transaction receipt. This would also apply if you have visited our
website, sent an email in the affirmative that you would like to
place an order using a unique email address, and the order was
conducted by telephone. In that situation, we will consider contact
and negotiations which were conducted to consummate a sale to have
been a verbal contract which is legally binding by law.
You also agree
that DRIVE MOBILE, at its discretion can and will seek alternative
remedies to include but not limited to collections and legal
remedies as allowed by law to seek due compensation and payment for
products ordered and delivered. And if such action is taken, you
agree to pay all legal and collection cost incurred by said
corporation to secure payment. It is the responsibility of the
visitor to review our terms of service, return policies, privacy
policies, and any other information you may feel to be relevant
prior to completing a transaction with DRIVE MOBILE.
3.
TRADEMARKS; COPYRIGHT PROVISIONS
All information and
material contained in this Web Site are subject to copyright and/or
trademark protection laws. You may not distribute the media in any
form, in whole or in part, without the prior written permission from
DRIVE MOBILE. You are also not permitted to link or "mirror" any part of
this Web Site without the prior written permission from DRIVE MOBILE.
DRIVE MOBILE does
not grant any copyright license, actual or implied, through the
presentation of graphics, text, or photographs within this home
page. Nor does DRIVE MOBILE intend to make available for any use, any
copyrighted materials within this home page beyond those fair uses
defined in law or equity under the Doctrine of Fair Use of
copyrighted materials.
4.
DISCLAIMERS
DRIVE MOBILE PROVIDES
THE INFORMATION IN THIS INTERNET WEB SITE AS A PUBLIC SERVICE TO ITS
CUSTOMERS, AND RESERVES THE RIGHT TO CHANGE THE CONTENTS OF THE
INFORMATION WITHOUT NOTICE. DRIVE MOBILE, PROVIDES THIS INFORMATION "AS
IS" AND IS NOT LIABLE FOR THE ACCURACY, COMPLETENESS, AND/OR
RELIABILITY OF THE CONTENTS OF THE INFORMATION PROVIDED HEREIN. TO
THE EXTENT PERMITTED BY LAW, DRIVE MOBILE DISCLAIMS ALL WARRANTIES
EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DRIVE MOBILE
products and services may require regulatory approval in some
jurisdictions, and, the purchase, ownership, and/or use of certain
DRIVE MOBILE products or services may not be lawful in some
jurisdictions. The presentation of information about DRIVE MOBILE
products and services and the availability of an order entry page
within this DRIVE MOBILE home page are not intended to constitute an
offer for sale by DRIVE MOBILE in any jurisdiction, nor are they
intended to constitute a solicitation for offers to buy in any
jurisdiction where the purchase, ownership, and/or use of a DRIVE MOBILE
product or service has not received any required regulatory approval
or where the purchase, ownership and/or use of a DRIVE MOBILE product or
service is unlawful.
The information
contained in this DRIVE MOBILE home page is presented as a public
service only. The information is not presented for the purpose of
conducting business within any jurisdiction and DRIVE MOBILE does not
intend any information in this home page to constitute an
advertisement or offer for sale of DRIVE MOBILE products and/or services
in any jurisdiction. All offers to purchase are accepted by DRIVE MOBILE
in the jurisdiction in which DRIVE MOBILE makes the product available
for shipment from its dock. All sales transactions are consummated,
and title passes, at the point of shipment.
5.
SUBMISSION OF COMMENTS
All comments,
suggestions, ideas, notes, drawings, concepts or other information
disclosed or offered to DRIVE MOBILE in this Web Site (collectively,
"Comments") in response to solicitations in this Web Site shall be
deemed and shall remain the property of DRIVE MOBILE Communications.
None of the Comments shall be subject to any obligation of
confidence by DRIVE MOBILE. DRIVE MOBILE shall not be liable for any use or
disclosure of any Comments. Without limitation of the foregoing,
DRIVE MOBILE shall exclusively own all present or hereafter existing
rights to the Comments of every kind and nature throughout the world
and shall be entitled to unrestricted use of the Comments for any
purpose whatsoever without compensation to the provider of the
Comments.
6.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES SHALL DRIVE MOBILE BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF USE, LOSS OF PROFIT, AND LOSS OF DATA, REGARDLESS OF THE CAUSE OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
7.
GOVERNING LAW
This Agreement shall
be governed by the laws of the state of Washington and venue and
jurisdiction for all disputes will exclusively lie in Seattle,
Washington.
8.
Trademarks and registered trademarks:
All
products or service names mentioned on this server are trademarks or
registered trademarks of their respective owners.