DRIVE GUARDIAN

 

TERMS OF USE END-USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS OF USE/END USER LICENSE AGREEMENT OF DRIVE GUARDIAN CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION OF DRIVE GUARDIAN. THESE TERMS INCLUDE THE DRIVE GUARDIAN PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE.

Ready to View, Inc. (“RTV”) and you (either an individual or a single entity) enter into this legal agreement regarding the DRIVE GUARDIAN software products and services. If you elect to use, install or access DRIVE GUARDIAN software products and/or services, you agree to abide by these TERMS OF USE and our Privacy Policy. If you do not wish to abide by these TERMS OF USE and our Privacy Policy, then you may not use, install or access DRIVE GUARDIAN software products and/or services. Please visit this page periodically to review the current Terms of Use and/or Privacy Policy so that you are aware of any revisions to which you hereby agree to be bound. RTV reserves the right to change or remove (temporarily or permanently) DRIVE GUARDIAN or any part of it without notice and you confirm that RTV shall not be liable to you for any such change or removal of these Terms and Conditions at any time, and your continued use of DRIVE GUARDIAN following any changes shall be deemed to be your acceptance of such change.

 

DESCRIPTION OF DRIVE GUARDIAN.

DRIVE GUARDIAN was designed for employers to be able to restrict their employees and for parents to be able to restrict their teenage drivers (who have a valid driver license) from using their phones while in motion. Only an administrator should install DRIVE GUARDIAN on a device. An administrator is defined as an authority figure or the individual who is responsible (financially or contractually) for the phone.

DRIVE GUARDIAN is an application that restricts general functionality of a mobile phone while the device is in motion. When in motion, DRIVE GUARDIAN loads a block screen onto the foreground of the phone, which limits the functionality of the device to dialing four pre-defined contacts or 9-1-1 in case of an emergency. This limitation lasts for as long as the device is in motion. The assignment of the four contacts is determined by the restricted-end-user. By default, the activation speed for DRIVE GUARDIAN is 5mph, however the administrator can set it to any integer between 3 and 50 mph. Only an administrator can change or disable the activation speed of the app. The administrator can also gain access to the restricted settings with a four-digit passcode or a gesture that is assigned during the initial setup.

 

DRIVE GUARDIAN software is only compatible with the Android Operating System and the Android Operating System is required for use.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATIONS.

In accessing or using DRIVE GUARDIAN, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of RTV. This excludes the downloading, copying and/or printing of pages of DRIVE GUARDIAN for personal, non-commercial home use only.

 

PRIVACY

Please review RTV’s privacy policy, which is incorporated herein by reference (the, “Privacy Policy”). When you use DRIVE GUARDIAN to set allowable and non-allowable communications for your device, you are instructing RTV to set particular policy on any devices registered to your account. Accordingly, by using the administration panel feature, you are expressly consenting to RTV’s privacy policy.

 

YOU AGREE THAT YOU WILL NOT USE, REGISTER, OR ACTIVATE AN ACCOUNT UNLESS YOU HAVE BEEN GRANTED LEGAL GOVERNANCE AND AUTHORITY RIGHTS over the OWNER OF EACH SUBORDINATE PHONE.  You further warrant that each added mobile device(s) is legally under your control AND YOU ACCEPT SOLE RESPONSIBILITY FOR ANY DISCLOSURE OF PRIVATE INFORMATION ON, ALL ACCESS TO, AND ALL SHARING OF SUCH a SUBORDINATED DEVICE(S) WITH ANY PERSON(S) OVER WHOM YOU DO NOT HAVE LEGAL GOVERNANCE RESPONSIBILITY AND AUTHORITY, OR HAVE EXPRESSLY GRANTED PERMISSION.

 

TRADEMARK INFORMATION

“DRIVE GUARDIAN” and the associated logos are trademarks of RTV, a corporation (collectively, the “Marks”). The absence of a product or service name or logo belonging to RTV or anywhere in the text of the site does not constitute a waiver of trademark or other intellectual property rights concerning that Mark. All other products and brand names are trademarks and/or registered trademarks of their respective companies. RTV disclaims any and all rights in these marks.

 

Our Marks may not be used (i) to identify products or services that are not RTV’s marks, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own trademarks, (iv) in a manner that implies that RTV sponsors or endorses your products or services or (v) in any manner that disparages or discredits DRIVE GUARDIAN or RTV

 

All copyright, trademarks and all other intellectual property rights in DRIVE GUARDIAN and its content (including without limitation the DRIVE GUARDIAN design, text, graphics and all software and source codes connected with DRIVE GUARDIAN ) are owned by or licensed to RTV or otherwise used by RTV as permitted by law.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the site and Resources, you will not use the site and Resources for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the site or Resources in any manner that could damage, disable, overburden, or impair any server of RTV, or the network(s) connected to any RTV server, or interfere with any other party’s use and enjoyment of the site or any Resources. You may not attempt to gain unauthorized access to the site or any Resources, other accounts, computer systems or networks connected to any RTV server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources. Violations of any of the above, including intellectual property infringement and site or service security issues, will be investigated by RTV and prosecuted to the fullest extent of the law, whether civil or criminal. RTV may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.

 

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express, written consent of RTV. You may not create a link to any page of DRIVE GUARDIAN without our prior, written consent. If you do create a link to a page of DRIVE GUARDIAN, you do so at your own risk and the exclusions and limitations set forth herein will apply to your use of this site by linking to it.

 

You acknowledge that any violation of these Terms and Conditions or any use of this site or the Resources in a manner inconsistent with these Terms and Conditions may cause RTV or its affiliates and licensors immeasurable damages for which an adequate remedy at law may not be available. RTV shall, therefore, be entitled to injunctive and other equitable relief for the breach or threatened breach of these Terms and Conditions, without the requirement to post any security or bond. The rights and remedies under this paragraph shall be cumulative, and not in lieu of, any and all other rights of RTV

 

LINKS FROM THIS SITE

DRIVE GUARDIAN may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

 

COMMUNICATIONS

We have several different e-mail addresses for different queries. These and other contact information can be found on our “Contact Us” link on this site or via company literature of via the company’s stated facsimile and telephone numbers.

 

INDEMNITY

You agree to indemnify and hold RTV and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against RTV arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of DRIVE GUARDIAN, the app content, or your violation of these Terms of Use.

 

TERMINATION

If you violate any of these terms, your permission to use the Resources enabled by the site will automatically terminate, and we may end your authorization to use the site and/or the Resources. We may terminate your authorization to use the site or Resources at any time. We would likely terminate your authorization if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Terms of Use, or violated our rights or those of another party. The termination of your authorization to use this site shall not terminate any provisions which, by their nature, are intended to survive termination, including but not limited to provisions relating to indemnification, limitation of liability, and proprietary rights.

 

ACKNOWLEDGMENTS

DRIVE GUARDIAN IS NOT A PARENTAL CONTROL OR CONTENT FILTER. DRIVE GUARDIAN is not responsible for, nor has any control over, the content of any data, voice or Internet communications sent or received on any particular device.

 

SAFE DRIVING IS YOUR RESPONSIBILITY. DRIVE GUARDIAN should not be viewed or considered as an assurance of personal safety. RTV DOES NOT ENDORSE TEXTING AND DRIVING. There are numerous manners in which a driver can be distracted that do not involve the use of cellular technology while driving. Furthermore, DRIVE GUARDIAN cannot prohibit tampering or disabling of the device (except to communicate notice where DRIVE GUARDIAN has actual notice that disabling or tampering has occurred). DRIVE GUARDIAN shall have no liability for the negligence of its users while driving, nor shall DRIVE GUARDIAN have any liability in failing to communicate instances where disabling has occurred, as there are a variety of factors beyond our control which could interfere with the electronic transmission or receipt of such notices. By using the DRIVE GUARDIAN Service, you specifically agree to the release and hold harmless provisions of this paragraph, and other terms or limitations contained in the DRIVE GUARDIAN Terms of Use.

 

DRIVE GUARDIAN SERVICE TERMS AND AGREEMENTS

Receipt and/or utilization of the DRIVE GUARDIAN are in all cases subject to the terms of the DRIVE GUARDIAN Service Agreement.

 

Accordingly, all users should review and consult your personal/business cellular plan before enabling DRIVE GUARDIAN. DRIVE GUARDIAN shall have no responsibility for any cellular, data, roaming or like charges incurred under your wireless plan as a result of subscribing for and using the DRIVE GUARDIAN, and such charges, if incurred, shall be your sole and exclusive responsibility.

 

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. DRIVE GUARDIAN and its affiliates shall be free to use such information for any purpose on an unrestricted basis.

 

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER RTV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING DRIVE GUARDIAN SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE DRIVE GUARDIAN, DRIVE GUARDIAN CONTENT, THE MATERIALS, OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH DRIVE GUARDIAN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RTV IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR VOICE TRANSMISSION, OR ANY DAMAGES RESULTING FROM THE FAILURE TO RECEIVE NOTICES OR COMMUNICATIONS AS A RESULT OF THE ENABLED POLICIES ON DRIVE GUARDIAN.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL RTV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR SUBSCRIBING TO THE DRIVE GUARDIAN SERVICE.

 

TO THE EXTENT PERMITTED BY LAW, RTV WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF DRIVE GUARDIAN.

 

NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF RTV FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF RTV OR THAT OF ITS EMPLOYEES OR AGENTS.

 

DISCLAIMER

DRIVE GUARDIAN intends for the information and data contained in the site to be accurate and reliable, however, since the information and data have been compiled by DRIVE GUARDIAN from a variety of sources, DRIVE GUARDIAN does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the site.

 

THIS SITE IS PROVIDED BY RTV ON AN “AS IS” BASIS. RTV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF DRIVE GUARDIAN, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON DRIVE GUARDIAN, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON DRIVE GUARDIAN, OR OTHER SITES HYPERLINKED TO DRIVE GUARDIAN, OR A USER’S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH DRIVE GUARDIAN, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN DRIVE GUARDIAN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

FURTHER, RTV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON DRIVE GUARDIAN, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DRIVE GUARDIAN OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT RTV) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. RTV ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM DRIVE GUARDIAN.

 

UNSOLICITED IDEA SUBMISSION POLICY

RTV or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DRIVE GUARDIAN’s advertisements, products or marketing strategies might seem similar to ideas submitted to RTV. If, despite our request that you not send us your ideas and materials, you still send them, please understand that RTV makes no assurances that your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of RTV, its successors and/or assigns.

 

APPLICABLE LAW AND JURISDICTION

This site is created and controlled by RTV in the State of California. RTV makes no representation that Materials on DRIVE GUARDIAN are appropriate or available for use in other locations. If you access DRIVE GUARDIAN from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. All information available on this site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. By accessing DRIVE GUARDIAN you agree that the laws of the State of California will govern all matters relating to DRIVE GUARDIAN, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the applicable state courts of Los Angeles, California for state claims and the Central District of California for federal claims in all disputes arising out of or relating to the use of this site of the Resources. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties’ relationship.

 

GENERAL PROVISIONS

You are responsible for compliance with applicable local laws, keeping in mind that access to DRIVE GUARDIAN content may not be legal by certain persons or in certain countries. These Terms of Use are personal to you. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of RTV Any attempt by you to assign, transfer or delegate these Terms of Use without the express written permission of RTV shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use (and the referenced/incorporated agreements and policies, including, without limitation, the Privacy Policy and the EULA) comprise the entire agreement between you and RTV with respect to the use of the site and supersede all prior agreements between the parties regarding the subject matter contained herein. Any rights not expressly granted herein are reserved.

 

Any failure of RTV to insist upon strict performance of any provision of this or any Agreement between you and control or the failure to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by an authorized officer of RTV.

 

This license agreement represents the entire agreement between you and RTV, the licensor, concerning the Product and its usage, and it supersedes any prior proposal, representation, program, or understanding that may exist between RTV and you.

 

USERS UNDER THE AGE OF 13 or with diminished mental capacity, for example, when this PRODUCT is be used for emergency child protection or locating strayed dementia patients, WRITTEN PARENTAL or GUARDIAN CONSENT is REQUIRED TO ACTIVATE THIS PRODUCT ON ANY PERSONAL or MOBILE CELLULAR DEVICE.

 

BY USING DRIVE GUARDIAN, I REPRESENT THAT I HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS AND CONDITIONS AS STATED ABOVE.