Terms of Service

DRIVE SCOUT SUBSCRIBER TERMS

  • Your Acceptance

Welcome to the Drive Scout Subscriber Terms. This is an agreement (“Agreement”) between Drive Scout, LLC (“Drive Scout”), the owner and operator of www.drivescout.com and Drive Scout software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, “User”, or “Subscriber”), a Subscriber of the Platform.  The Drive Scout Platform may offer Subscriber services including scheduling, organization, class payment and registration services (“Drive Scout Services”). In addition to this Agreement, all Subscribers must agree to the Drive Scout User and Student Terms.

Throughout this Agreement, the words “Drive Scout,”  “us,”  “we,” and “our,” refer to our company, Drive Scout, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Subscriber Terms or the Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately. Where any capitalized terms are undefined in this Agreement, they shall have the meanings as set forth in the Drive Scout User and Student Terms.

  1. Platform and Subscriber Accounts

 

Where a Subscriber has properly created an account it may use the Platform as permitted by Drive Scout.  All Subscribers are required to provide truthful, up-to-date, and accurate information when registering for our Platform and must be over the age of 18.  Where a Subscriber is creating an account on behalf of a company or legal entity, Subscriber represents and warrants that it has the authority to legally bind such company or legal entity to this Agreement.  Drive Scout reserves the right to reject or remove any Subscriber accounts at any time at its discretion.

 

  1. Additional Access

After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement.   Where you download any portions of our Platform we grant you a non-exclusive, full revocable, non-transferable, and non-assignable license to download and use the Platform in accordance with this Agreement.  You may only use the Platform for your own internal business purposes. All rights not explicitly granted are reserved for Drive Scout.   If you breach this Agreement, your access to use our Platform may be terminated at our discretion.  Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your access does not act as a waiver of your conduct.

  1. Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Drive Scout and/or Drive Scout’s licensors and that Drive Scout and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications ,copies, enhancements, derivatives, and other software and materials developed hereunder by Drive Scout.  You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Drive Scout to others in violation of this Agreement.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Drive Scout.  All rights not expressly granted in this Agreement are reserved for us.

  1. Subscribers and Students

Any contracts entered into between a Student and Subscriber including any class registrations and payments are solely between the parties.  Drive Scout may not be obligated and is not a party to any contract that you enter into with any Student. THE SUBSCRIBER AGREES TO HOLD DRIVE SCOUT FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE DRIVE SCOUT SERVICES. DRIVE SCOUT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY STUDENT OR THIRD PARTY, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY STUDENT OR THIRD PARTY ENCOUNTERED ON THE PLATFORM.  Drive Scout does not introduce, endorse, or recommend any Students to Subscriber.

  1. Subscriber Responsibilities

 

Subscriber shall be exclusively responsible for your use, its authorized user’s use, and the use of the Platform by any Students associated with Subscriber.  Where a Subscriber submits any Subscriber Content (defined below), we are not responsible for the Subscriber Content including but not limited to monitoring access permissions, providing equipment or any services excluding the Drive Scout Services. Additionally, you represent and warrant that: (1) you shall use the Platform solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into this Agreement; (3) you shall comply with all United States federal and state laws when using the Platform or collecting any Student information, including but not limited to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99); or the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (45 C.F.R. Parts 160-164, including Subpart E of 45 CFR Part 164); (4)  any services offered and sold via the Platform are offered in a professional and diligent manner in accordance with industry best practices and standards; (5) you have maintained and kept current all licenses and insurance required to offer any services; (6) the services offered do not violate any third party agreements; and (7) you shall use the Platform only for legal and lawful purposes.  Subscriber shall indemnify and hold Drive Scout harmless for a breach of any provisions of this section.

  • Additional Requirements

Where required, Subscriber shall clearly post a Privacy Policy (in compliance with all US state and federal laws) prior to collecting any Student information and shall disclose to the Student that such personal information may be shared with Drive Scout and Drive Scout’s payment processors.    Subscriber shall not submit any information that is considered “protected health information” as defined by HIPAA and shall ensure that its Students comply with the same requirements.  Unless provided for otherwise Drive Scout does not consider any information submitted as  “personally identifiable information” or an “educational record” as defined by FERPA.

  • Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  • Use of the Platform

When using our Platform, you are responsible for your use of the Platform which is subject to the Drive Scout User and Student Terms.

  • Subscriber Content

“Subscriber Content” is defined as any User Content that is submitted by you as a Subscriber and is subject to all User Content provisions as stated within the Drive Scout User and Student Terms. Any Subscriber Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, refused, screened, or removed at our discretion.

  • Additional Guidelines for Subscriber Content

Please be aware that all Subscriber Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any Subscriber Content. When submitting any Subscriber Content you agree to the following:

  • You agree that Subscriber Content submitted is truthful, up-to-date, and accurate;
  • You agree not to submit any Subscriber Content that contains any confidential information;
  • You agree not to submit any Subscriber Content that contains any graphic, violent, or sexually explicit content;
  • You agree not to submit any Subscriber Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
  • You agree not to submit any Subscriber Content that is considered spam or politically controversial; and
  • You agree not to submit any Subscriber Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you have violated any of our Subscriber Content Guidelines or if you we believe that any Subscriber Content may harm the Platform, Your access to the Platform may be suspended or terminated.

  • Subscriber Content Representations and Warranties

Additionally Subscriber represents and warrants the following:  (1) Subscriber owns or has properly licensed all Subscriber Content provided; (2) the Subscriber Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Subscriber Content offered does not violate any US state or federal laws or any third party agreements; (4) Subscriber has the sole, exclusive and unencumbered ownership of all rights of every kind and character throughout the universe in and to the Subscriber Content and has clear title to any other subsidiary materials contained in the Subscriber Content; (5) Subscriber has the absolute right to grant to Drive Scout, all rights, licenses and privileges granted to or vested in Drive Scout under the User and Student Agreement; and (6) Subscriber has obtained all clearances and paid all monies necessary for Drive Scout to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by Drive Scout as a result of any use of the Subscriber Content.

  • Monitoring Subscriber Content

Drive Scout shall have the right, but not the obligation, to monitor all Subscriber Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Drive Scout shall have the right, but not the obligation, to remove or disable access to any Subscriber Content at its sole discretion.

  • Subscriber Payments

Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access the Platform including any recurring subscriptions. Where you have properly paid for a subscription we shall grant you access to the Drive Scout Services and Platform.  In addition, Subscriber agrees to timely pay any and all fees as charged including but not limited to set-up fees, base fees, or Student licensing fees.  Subscriber authorizes Drive Scout or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors’ terms and conditions for processing payments. All prices are listed in US Dollars.  All information that you provide in connection with a payment or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, Drive Scout may suspend or terminate your access to the paid portions of the Platform and the associated Drive Scout Services, without liability to us.

  • Automatic Subscriber Renewals

Where a Subscriber has purchased a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, DRIVE SCOUT MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION.

  • Refunds for Subscription

We want you to be satisfied with the Drive Scout Services; however, no refunds will be permitted after the start of your paid subscription. If you have any questions regarding the subscription or our policies, please contact us.

  • Payments From Students

Through the Platform Students shall be able to make payments to Subscriber. Where any payments are collected by the Platform, Drive Scout may hold such payments for a reasonable period of time prior to remitting payments to Subscriber.  After such time period, Subscriber shall be issued payment, by our third party payment processor, in the method provided for by Drive Scout within a reasonable time period. Subscriber agrees to keep all payment information up-to-date and Drive Scout shall not be liable to Subscriber for verifying Subscriber’s payment information. Drive Scout shall deduct any processing fees prior to remitting any payment to Subscriber.  In the event of a dispute between Subscriber and Drive Scout or between Subscriber and a Student or a suspected criminal or fraudulent activity on Subscriber’s account, Subscriber agrees that Drive Scout may withhold all payments until such dispute is resolved.

  • Class Cancellations and Refunds

Subscriber shall prominently display a refund and cancellation policy for all payments collected using the Drive Scout Platform.

  • Taxes

Where Drive Scout does not charge you taxes for any payments, you agree to pay any and all applicable taxes.  In order for Drive Scout to comply with US tax laws, Subscribers may be required to submit W-9 forms, 1099 forms, or other tax documents.  Subscriber agrees to comply with any requests to submit any tax documentation, as requested by Drive Scout and shall reasonably assist Drive Scout with any requests related to its tax compliance.   Subscriber agrees that Drive Scout cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.

  • Pricing and Price Increases

The pricing for all paid subscriptions is listed on the Drive Scout Platform or within your account.  Additionally, Drive Scout may increase the price of any paid subscriptions or Drive Scout Fees, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Drive Scout shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase.  Where you have rejected a price increase this Agreement may be terminated immediately at our discretion. You agree that Drive Scout has no obligation to offer any services for the price originally offered to you at sign up.

  •  Subscriber Account Holds

From time to time, Drive Scout may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that your services offered or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.

  • Termination of Your Subscription

You may cancel your subscription at any time by contacting us at hello@drivescout.com. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled.  We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Drive Scout, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

  • Platform Security

Drive Scout implements administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your information located within the Platform. Those safeguards used or based on industry standards.  Aside from such industry standard safeguards, Drive Scout can make no guarantees regarding any Platform security.

  • Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform may not always be either 100% reliable or available.  Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

  1. Modification of Platform 

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Drive Scout Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

  1. Idea Submission

Drive Scout or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Drive Scout. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Drive Scout’ products might seem similar to ideas you submitted to Drive Scout. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Drive Scout, without any compensation to you; (2) Drive Scout may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Drive Scout to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

  • Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DRIVE SCOUT, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY DRIVE SCOUT SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DRIVE SCOUT, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. DRIVE SCOUT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. DRIVE SCOUT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. DRIVE SCOUT DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DRIVE SCOUT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

  • Limitation of Liability

IN NO EVENT SHALL DRIVE SCOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DRIVE SCOUT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR ANY NEW JERSEY RESIDENTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY DRIVE SCOUT’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.

  • Indemnity

You agree to defend, indemnify and hold harmless Drive Scout, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the Drive Scout Platform;
  • a Students use and access to the Drive Scout Platform;
  • your violation of any term of this Agreement; or
  • your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Drive Scout Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  • Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message in accordance with the Drive Scout User and Student Terms.

  • Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.

  • Disputes

Any dispute relating in any way to your visit to the Platform or the Drive Scout Services shall be submitted to confidential arbitration in Los Angeles, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Los Angeles, CA.

Opt-Out

You may opt-out of this dispute resolution provision by notifying Drive Scout within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Drive Scout, LLC 3415 S Sepulveda Blvd., Suite 1100, Los Angeles, CA 90034, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Drive Scout through arbitration.  Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles, CA.

  • Class Action Waiver

You and Drive Scout agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  • Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Drive Scout are deemed to conflict with each other’s operation, Drive Scout shall have the sole right to elect which provision remains in force.  Where this Agreement directly conflicts with the Drive Scout User and Student Terms, this Agreement shall control and supersede.

  • Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  • Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.

  • Entire Agreement

This Agreement along with the Privacy Policy and the User and Student Terms and any other supporting agreements provided by Drive Scout constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the User and Student Terms, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.

  • Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.

  • Electronic Communications

The communications between you and Drive Scout use electronic means, whether you visit the Platform or send Drive Scout e-mails, or whether Drive Scout posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Drive Scout in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Drive Scout provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

  • Platform Issues 

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at hello@drivescout.com

  • Relationship of Parties

This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Subscriber and Drive Scout. The relationship of the parties is as independent contractors. Subscriber has no authority (and shall not hold himself or herself out as having authority) to bind Drive Scout and Subscriber shall not make any agreements or representations on Drive Scout’s behalf without Drive Scout’s prior written consent. Subscriber understands that Subscriber will not be eligible to participate in any benefit plans offered to Drive Scout’s employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Drive Scout to its employees. Drive Scout will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers’ compensation insurance on Subscriber’s behalf. Subscriber shall be responsible for, and shall indemnify and hold Drive Scout harmless for any claims, suits, or actions related to this provision, including any such claims brought by Subscriber or by any third party with respect to any claims for taxes or contributions, including penalties and interest.

  • California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Drive Scout must be sent to our agent for notice to: hello@drivescout.com.

Last Modified: December 6th, 2022

 

DRIVE SCOUT User and Student Terms

  • Your Acceptance

Welcome to the Terms of Use for Drive Scout. This is an agreement (“Agreement”) between Drive Scout, LLC (“Drive Scout”), the owner and operator of www.drivescout.com and the Drive Scout software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, “User”, or “Student”), a Student or User to the Platform.

Throughout this Agreement, the words “Drive Scout,”  “us,”  “we,” and “our,” refer to our company, Drive Scout, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Use or the Privacy Policy and may notify you when we do so.  PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately.

  1. Registering for an Account

Users may be required to register on the Platform before accessing portions of the Platform.   Additionally, Users wishing to sign up for any services offered by a Subscriber, shall be subject to additional Student terms as stated within this Agreement. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful, up-to-date, and accurate information when registering for our Platform and must be over the age of 13.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Drive Scout immediately of any unauthorized use of your account or any other breach of security. Drive Scout will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

  • Access 

After registering and being permitted to access the Platform by a Subscriber, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for Drive Scout.   If you breach this Agreement, your access to use our Platform may be terminated at our discretion.  Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your access does not act as a waiver of your conduct.

  1. Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Drive Scout and/or Drive Scout’s licensors and that Drive Scout and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications ,copies, enhancements, derivatives, and other software and materials developed hereunder by Drive Scout.  You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Drive Scout to others in violation of this Agreement.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Drive Scout.  All rights not expressly granted in this Agreement are reserved for us.

  1. Platform and Services 

 

The Drive Scout Platform may offer services including scheduling, organization, class payment and registration services (“Drive Scout Services”).  You may use the Platform solely as allowed and provided for by Drive Scout. Please be aware that any Drive Scout Services are “as-is” and “as-available.”  Additionally any information or content found on our Platform, including any notifications, scheduling, or registration tools provided, are offered only for informational purposes.

  • User Privacy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  • Compliance With Laws

You shall comply with all United States federal and state laws when using the Platform or submitting any Student information, including but not limited to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99); or the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (45 C.F.R. Parts 160-164, including Subpart E of 45 CFR Part 164).  You shall not submit any information that is considered “protected health information” as defined by HIPAA.  Unless provided for otherwise no User information submitted shall be considered “personally identifiable information” or an “educational record” as defined by FERPA.

  • Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

  • You may not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
  • You may not use automated bots or other software to send more messages through our Platform than humanly possible;
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
  • You may not access our Platform in an attempt to build a similar or other competitive product;
  • You may not use the Platform in an unlawful manner;
    • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
    • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
    • You may not violate any requirements, procedures, policies or regulations of networks connected to Drive Scout;
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
    • You may not interfere with or disrupt the Platform;
    • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
    • You agree that you will not hold Drive Scout responsible for your use of our Platform; and
    • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Drive Scout reserves the right to suspend or terminate any account at any time without notice or explanation.

  • User Content

A Users ability to submit or transmit any information through the Platform, including but not limited to user information, Subscriber Content (defined in the Subscriber Agreement), data, recordings, other information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Drive Scout, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement.  User Content will not be shared with any third parties except as required to provide the Drive Scout Services and as disclosed by our Privacy Policy.  Drive Scout has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform.  Specifically, Drive Scout shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

  • Monitoring User Content

Drive Scout shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Drive Scout shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.

  • Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Drive Scout Services will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available.  Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

  1. Modification of Platform 

We reserve the right to alter, modify, update, or remove the Platform or any Drive Scout Services, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Drive Scout Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.

  • Intellectual Property

The name “Drive Scout” along with the design of the Drive Scout Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Drive Scout, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Drive Scout reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.

  1. Idea Submission

Drive Scout or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Drive Scout. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Drive Scout’ products might seem similar to ideas you submitted to Drive Scout. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Drive Scout, without any compensation to you; (2) Drive Scout may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Drive Scout to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

  • Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DRIVE SCOUT, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY DRIVE SCOUT SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DRIVE SCOUT, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. DRIVE SCOUT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. DRIVE SCOUT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. DRIVE SCOUT DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DRIVE SCOUT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

  • Limitation of Liability

IN NO EVENT SHALL DRIVE SCOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DRIVE SCOUT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY DRIVE SCOUT’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.

  • Indemnity

You agree to defend, indemnify and hold harmless Drive Scout, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the Drive Scout Platform;
  • your violation of any term of this Agreement; or
  • your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Drive Scout Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  • Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Platform of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Drive Scout, hello@drivescout.com or Drive Scout, LLC 3415 S Sepulveda Blvd., Suite 1100, Los Angeles, CA 90034.

Counter Notice

In the event that you receive a notification from Drive Scout stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification.
  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

  • Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.

  • Disputes

Any dispute relating in any way to your visit to the Platform or the Drive Scout Services shall be submitted to confidential arbitration in Los Angeles, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Los Angeles, CA.

Opt-Out

You may opt-out of this dispute resolution provision by notifying Drive Scout within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Drive Scout, LLC 3415 S Sepulveda Blvd., Suite 1100, Los Angeles, CA 90034, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Drive Scout through arbitration.  Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles, CA.

  • Class Action Waiver

You and Drive Scout agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  • Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Drive Scout are deemed to conflict with each other’s operation, Drive Scout shall have the sole right to elect which provision remains in force.

  • Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  • Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.

  • Termination

You may cancel your access to the Platform at any time via your Drive Scout dashboard or contacting us at hello@drivescout.com. Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Content may become immediately inaccessible.  We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Drive Scout, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

  • Entire Agreement

This Agreement along with the Privacy Policy and any other supporting agreements provided by Drive Scout constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.

  • Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.

  • Electronic Communications

The communications between you and Drive Scout use electronic means, whether you visit the Platform or send Drive Scout e-mails, or whether Drive Scout posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Drive Scout in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Drive Scout provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

  1. Export Controls

The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

  • Platform Issues 

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at hello@drivescout.com

  • Acts of God

All errors shall be at the sole responsibility and expense of the user. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access to the Platform, failure of a communications satellite, strike, labor dispute, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.

  • California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Drive Scout must be sent to our agent for notice to: hello@drivescout.com or Drive Scout, LLC 3415 S Sepulveda Blvd., Suite 1100, Los Angeles, CA 90034.

Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  • Additional Terms for Students

Where a User has been authorized to use the Platform by a Subscriber (defined in the Drive Scout Subscriber Terms) such User shall be referred to as a “Student”.  Students are subject to all User terms and the additional terms as stated in Sections 32-36.   Student’s access to any features is subject to modification and availability as stated within Section 10 and 11 of this Agreement.  We reserve the right to discontinue Drive Scout Services at any time or to reject any current or prospective Students at our discretion.

  • Payments

Student agrees to pay for all costs, fees, and taxes listed when purchasing any Services from a Subscriber or otherwise using the Platform for any additional purchases. Student authorizes Drive Scout or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments.  All prices are listed in US Dollars.

  • Taxes

Where Drive Scout does not charge you taxes for any purchases or payments, you agree to pay any and all applicable taxes and verify such payments at the written request of Drive Scout.

  • Cancellation or Refunds of Payments

Any Subscriber services are solely offered by Subscribers thus any issues with refunds or cancellations of any Subscriber services are solely the responsibility of the Subscriber.  All payment refunds or cancellations are subject to the terms and conditions posted by the Subscriber.  You agree to waive any liability Drive Scout may have to you in regards to any refund or cancellation issue. Where a refund for any payment is issued, Drive Scout may deduct service fees or other payment processing fees and Student agrees to the deduction of such fees for any payments refunded.

  • Subscribers and Students

Any contracts entered into between a Student and Subscriber including any class registrations and payments are solely between the parties.  Drive Scout may not be obligated and is not a party to any contract that you enter into with any Subscriber. THE STUDENT AGREES TO HOLD DRIVE SCOUT FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO ANY OFFERED SUBSCRIBER SERVICES. DRIVE SCOUT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY STUDENT OR SUBSCRIBER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SUBSCRIBER OR ANY SUBSCRIBER CONTENT ENCOUNTERED BY STUDENT.  Drive Scout does not introduce, endorse, or recommend Subscriber to any User. Any opinions, advice, or information expressed by any Subscriber are those of the individual and the individual alone and they do not reflect the opinions of Drive Scout.  Drive Scout does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Subscriber Content or any services offered by Subscriber.

Last Modified: December 6th, 2022

 

Getting Started

Our sole mission is to help your driving school be more profitable and easier to manage. We do this by creating simple, easy-to-use software and website templates that save you valuable time and drive profits, which, in turn gives you time back to focus on sales and helping students.