This user agreement (“User Agreement”) is applicable to the www.driveway.ai website (“Driveway Site”) and the Driveway mobile application available for download at Google Play and iTunes, respectively (“Driveway App”). The Driveway Site and Driveway App are collectively referred to as the “Driveway Products”.
Driveway Products are operated by Driveway Software, Inc., a Delaware corporation, and its affiliates (collectively referred to as "Driveway", “we”, or “us”). By using any of the Driveway Products, you agree to comply with and be bound by the terms and conditions of use included in the User Agreement. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement: This User Agreement may be modified at any time by us upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.driveway.ai/privacy-policy. Each use by you shall constitute and be deemed your unconditional acceptance of this User Agreement.
3. Ownership: All content included on this site is and shall continue to be the property of Driveway or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of any of the Driveway Products is prohibited, except as expressly permitted in this User Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
4. Intended Audience: This website is intended for adults only. This website is not intended and should not be used by any minors under the age of 18.
5. Trademarks: “DRIVEWAY” is either a trademark or registered trademark of Driveway Software, Inc. Other product and company names mentioned on any of the Driveway Products may be trademarks of their respective owners.
6. Site Use: We grant you a limited, revocable, nonexclusive license to use the Driveway Products solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into any of the Driveway Products, or use materials, products or services in violation of any law. The use of any of the Driveway Products is at the discretion of Driveway and we may terminate your use of this website at any time.
7. Compliance with Laws: You agree to comply with all applicable laws regarding your use of any of the Driveway Products. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification: You agree to indemnify, defend and hold Driveway and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this User Agreement or use of any of the Driveway Products.
THE INFORMATION IN THIS DRIVEWAY PRODUCT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS DRIVEWAY PRODUCT IS AT YOUR SOLE RISK. DRIVEWAY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE DRIVEWAY PRODUCTS SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability:
UNDER NO CIRCUMSTANCES WILL DRIVEWAY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO ANY OF THE DRIVEWAY PRODUCTS, YOUR USE OF ANY OF THE DRIVEWAY PRODUCTS, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE DRIVEWAY PRODUCTS AND/OR CONTENT IS TO CEASE ALL USE OF THE DRIVEWAY PRODUCTS.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this User Agreement that directly conflict with such laws may not apply to you.
12. Applicable Law: You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this User Agreement and any dispute that may arise between you and Driveway or its affiliates.
14. Severability: If any provision of this User Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect.
15. Termination: Driveway may terminate this User Agreement at any time, with or without notice, for any reason. You may terminate this User Agreement at any time, with notice to Driveway, which shall be effective upon Driveway processing such notice.
16. Contact Us: firstname.lastname@example.org