WEBSITE TERMS OF USE

DrivingHistoryUSA.com is not a Credit Reporting Agency as defined by the Fair Credit Reporting Act (FCRA). You may not use the information in your report to make decisions about employment, insurance coverage, credit, or housing. You may not use the data in violation of the FCRA or any local, state or federal law.

1. AGREEMENT

Welcome to Us Driving Reports! Please read the following terms and conditions carefully before clicking "SEARCH" or "SHOW ME MY REPORT" or "YES, CONTINUE TO MY REPORT." By clicking "SEARCH" or "SHOW ME MY REPORT" or "YES, CONTINUE TO MY REPORT," You agree to be bound to these Terms of Use (the "Agreement"}, constituting a legally binding agreement by and between http://www.DrivingHistoryUSA.com, (hereinafter, "DrivingHistoryUSA.com" or "We" or "Our") and you (in either case, "You" or "Your") concerning Your use of Us Driving Reports's website (the "Website") and the services available through the Website (the "Services"). We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and Us Driving Reports's Privacy Policy (the "Privacy Policy"}, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES AND YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

You may cancel at anytime. See Refund Policy above.

This Agreement contains an arbitration provision that requires the use of arbitration on an individual basis, rather than jury trials or class actions, to resolve disputes.

Dispute Resolution

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law. The jurisdiction and venue for any arbitration or legal.

Informal Resolution

We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using support@DrivingHistoryUSA.com.

Arbitration

You and Us Driving Reports agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court with a judge and/or jury. “Claim(s)” means any dispute between the Parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Platform, or Us Driving Reports. There is no judge or jury in arbitration. If you and Us Driving Reports cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is mandatory and binding upon all parties[Shouldn't this be mandatory as a term of service? If they don't agree they can't use the site. ][It can be mandatory. Many clients who collect payment from website visitors prefer it to be elective (meaning, if either side says "let's arbitrate this," both sides have to) because if they have a small claims for fees and the other side is likely to default, it's much quicker and cheaper to get a court judgment than to file an arbitration and then have to get a judgment entered based on the arbitration.]. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The Federal Arbitration Act and related federal and Nevada law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The Parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and Us Driving Reports agree to arbitrate all Claims on an individual basis using an alternative arbitral forum.

All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and Us Driving Reports agree otherwise in writing, the final arbitration hearing shall take place at the JAMS facility located in Las Vegas, Nevada, provided that either Party may elect to have the arbitration proceedings conducted by video conference. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable federal and Nevada law, and any award may be challenged if the arbitrator fails to do so. Either Party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator’s award. Any such litigation to compel arbitration shall occur in the courts of the State of Nevada, specifically within Clark County. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Payment of Fees

If you initiate arbitration against Us Driving Reports, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Us Driving Reports initiates arbitration against you, Us Driving Reports shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and Us Driving Reports will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable law.

Class Action Waiver

THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND Us Driving Reports AGREE IN WRITING OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.

Governing Law and Location

Subject to the above provisions regarding the Federal Arbitration Act and the below, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the Nevada and shall be exclusively governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Las Vegas, Nevada. The Parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

Construction

These provisions are expressly severable and subject to applicable laws. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. This arbitration agreement shall survive termination.

Remedies In Aid Of Arbitration; Equitable Relief

The arbitration agreement shall survive termination. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Us Driving Reports from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Us Driving Reports from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court:

1. That has jurisdiction over the subject matter; and
2. That is located in Las Vegas, Nevada.

2. PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy, located the following address DrivingHistoryUSA.com. Us Driving Reports encourages users of the Website to frequently check Us Driving Reports's Privacy Policy for changes.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, Us Driving Reports RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Us Driving Reports obtains Your express consent, any revised Privacy Policy will apply only to information collected by Us Driving Reports after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. Us Driving Reports'S ROLE

Without limitation, You agree that Us Driving Reports is merely a technology solution that serves as a third-party platform and You use the Website and Services at Your own risk, without limitation and pursuant to Section 8 ASSUMPTION OF RISK; RELEASE. Us Driving Reports's role is limited because Us Driving Reports is not directly involved in creating or storing the underlying information in our reports. Us Driving Reports does not necessarily prescreen the content and/or information provided to users. Us Driving Reports does not take or transfer ownership of items or liability attaching thereto. For addition information, please carefully review Section 16: DISCLAIMERS; LIMITATION OF LIABILITY.

6. LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, Us Driving Reports grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the express written consent of Us Driving Reports. All rights not expressly granted herein are reserved by Us Driving Reports. Without limitation, this Agreement grants You no rights in or to the intellectual property of Us Driving Reports or any other party, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially in the sole judgment of Us Driving Reports, any provision of this Agreement.

7. NO RELIANCE ON THIRD-PARTY CONTENT

The information on the Website is provided for information purposes only. The Website and Services are provided only as a technology solution. Us Driving Reports does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Website and Services. Under no circumstances will Us Driving Reports be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party.

8. ASSUMPTION OF RISK; RELEASE

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY Us Driving Reports AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "Us Driving Reports PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.

9. USER INFORMATION; PASSWORD PROTECTION

To access and/or use the Website and use the Services, You may be asked to provide certain registration details or other information. You represent and warrant that all user information You provide in connection with Your use of the Website and Services will be current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.If Us Driving Reports believes in its sole discretion that the information You provide is not current, complete, or accurate, Us Driving Reports has the right to refuse You access to the Website and Services and/or to terminate or suspend your access at any time. You represent and warrant that You will not create a fake account. You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Us Driving Reports immediately of any unauthorized use of Your account, user name, or password. Us Driving Reports shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Us Driving Reports, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.

10. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM Us Driving Reports

Without limitation, by registering for the Website and/or Services and/or by providing your name, email,postal or residential address, and/or phone number through the Website or Services, you hereby expressly consent to receive electronic and other communications from Us Driving Reports, over the short term and periodically, including email and short-message service ("SMS" or "text message") communications, You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. For more information, visit our Privacy Policy located at: www.DrivingHistoryUSA.com/privacy

11. RESERVED RIGHTS FOR Us Driving Reports FEES

(a) Reserved Rights for Us Driving Reports's Fees You acknowledge and agree that Us Driving Reports reserves the right to charge for access to the Website and use of the Services, in accordance with the Us Driving Reports Fees that are clearly disclosed throughout the Website. Us Driving Reports's decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of regularly recurring fees from You, shall not affect Us Driving Reports's subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall Us Driving Reports's waiver of Your breach constitute Us Driving Reports's waiver of any subsequent breach by You or any other user of the Website and/or Services. By using the Website and/or Services, You authorize Us Driving Reports, and/or its payment processor, to charge Us Driving Reports's fees to the credit card, debit card, or other payment method You provide. (b) Us Driving Reports Fees: Offer Details

You agree to an initial charge of $1.00 and a recurring monthly payment of $28.95 for up to 30 reports each month for a term of 24 months. You may cancel without penalty at anytime.

12. THIRD-PARTY WEBSITES

The Website is linked with the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with Us Driving Reports and some of whom may not. Us Driving Reports does not have control over the content and performance of Third-Party Websites. Us Driving Reports has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, Us Driving Reports does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. Us Driving Reports disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.

13. PROHIBITED USES

Us Driving Reports imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Us Driving Reports or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about Us Driving Reports users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Us Driving Reports Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

You understand and agree that Us Driving Reports is not a Credit Reporting Agency as defined by the Fair Credit Reporting Act (FCRA) and does not provide FCRA compliant data to its users. YOU FURTHER AGREE THAT YOU WILL NOT USE THE WEBSITE AND THE INFORMATION PROVIDED TO SUPPORT OR DENY ANY PERSON CREDIT OR INSURANCE COVERAGE, AND YOU WILL NOT USE THE INFORMATION PROVIDED TO MAKE EMPLOYMENT OR TENANCY DECISIONS FOR PROPERTY RENTALS, LEASES OR OWNERSHIP. YOU WILL NOT USE THE INFORMATION PROVIDED IN ANY MANNER THAT CONFLICTS WITH THE FCRA. YOU SHOULD CONTACT A LICENSED ATTORNEY IN YOUR JURISDICTION IF YOU HAVE QUESTIONS ABOUT HOW YOU MAY USE THE DATA UNDER THE FCRA OR ANY OTHER LOCAL, STATE OR FEDERAL LAW OR REGULATION.

14. INTELLECTUAL PROPERTY

(a) Compliance with LawYou represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT TO THE WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. COMPANY BEARS THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. (b) TrademarksUs Driving Reports and the "Us Driving Reports logo" (collectively, the "Us Driving Reports Marks") are trademarks or registered trademarks of Us Driving Reports. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Us Driving Reports Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Us Driving Reports Marks generated as a result of Your use of the Website and Services will inure to the benefit of Us Driving Reports, and You agree to assign, and hereby do assign, all such goodwill to Us Driving Reports. You shall not at any time, nor shall You assist others to, challenge Us Driving Reports's right, title, or interest in or to, or the validity of, the Us Driving Reports Marks. (c) Copyrighted Materials; Copyright NoticeAll content and other materials available through the Website and Services, including without limitation the Us Driving Reports logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Us Driving Reports or are the property of Us Driving Reports's licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials. (d) DMCA PolicyAs Us Driving Reports asks others to respect Us Driving Reports's intellectual property rights, Us Driving Reports respects the intellectual property rights of others. If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify Us Driving Reports by means of emailed notice ("Infringement Notice"), providing the information described herein. If Us Driving Reports takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Us Driving Reports. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:

1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
2. An identification of the copyright claimed to have been infringed;
3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Us Driving Reports to find and positively identify that material;
4. Your name, address, telephone number and email address; and
5. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.Infringement Notices should be sent to andy@DrivingHistoryUSA.com with the subject line "DMCA Notice DrivingHistoryUSA.com". Us Driving Reports will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.

15. DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES.THIS SITE IS PROVIDED BY Us Driving Reports ON AN "AS IS" AND "AS AVAILABLE" BASIS. Us Driving Reports DOES NOT SPECIFICALLY WARRANT OR GUARANTEE THE ACCURACY OF ITS SEARCH REPORTS. THE INFORMATION CONTAINED IN OUR REPORTS REPRESENTS THE LIEN RECORDS AND DATA OF THE NATIONAL DATABASE PROVIDERS ON OR BEFORE THE DATE AND TIME INDICATED ON THE REPORT. Us Driving Reports MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIENS OR SECURITY INTERESTS FILED AFTER THE DATE AND TIME INDICATED ON THE REPORT. IN ADDITION, Us Driving Reports SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE CRIMINAL OR FRAUDULENT ACTS OF THIRD PARTIES. Us Driving Reports MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE TURN AROUND TIME OF ITS SEARCH REPORTS. Us Driving Reports IS NOT RESPONSIBLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, THAT YOU MAY SUFFER AS A RESULT OF AN UNUSUAL DELAY IN THE TRANSMISSION OF OUR REPORTS. BY ACCEPTING THIS LICENSE TO USE OUR WEBSITE YOU ALSO AGREE THAT, AS A CONDITION OF ANY PAYMENT TO YOU, YOUR SUCCESSORS OR ASSIGNS, BY Us Driving Reports AS PART OF ITS GUARANTEE OF THE ACCURACY OF ITS REPORTS, YOU, YOUR SUCCESSORS AND ASSIGNS WILL SUBROGATE ANY AND ALL RIGHTS THAT YOU MAY HAVE AGAINST ANY PARTY THAT CAUSED THE LIEN OR SECURITY INTEREST TO BE FILED.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Us Driving Reports, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER Us Driving Reports NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIABILITY OF Us Driving Reports FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Us Driving Reports SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF Us Driving Reports, Us Driving Reports PARTIES, OR Us Driving Reports USERS, OR THEIR AGENTS OR REPRESENTATIVES.

(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATAYOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Us Driving Reports OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR

DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

(c) LIMITATION OF LIABILITYTHE LIABILITY OF Us Driving Reports AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Us Driving Reports OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO Us Driving Reports OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF Us Driving Reports AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Us Driving Reports AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) APPLICATIONTHE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND Us Driving Reports OR BETWEEN YOU AND ANY OF Us Driving Reports'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Us Driving Reports'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

16. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Us Driving Reports policies, and with any applicable laws or regulations.

17. INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You (the "Indemnitor") agree to defend, indemnify and hold harmless Us Driving Reports and the Us Driving Reports Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Us Driving Reports, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and Us Driving Reports, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Website or Services; (iv) Your provision to Us Driving Reports or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

18. TERMINATION

(a) BY Us Driving Reports WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Us Driving Reports RESERVES THE RIGHT TO, IN Us Driving Reports'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

(b) AUTOMATIC TERMINATION UPON BREACH BY YOU This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Us Driving Reports.

(c) BY YOU You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Us Driving Reports notice of Your intention to do so, in the manner required by this Agreement.

(d) EFFECT OF TERMINATION Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, Us Driving Reports may, but has no obligation to, in Us Driving Reports's sole discretion, rescind any services and/or delete from Us Driving Reports's systems all Your Personal Information and any other files or information that You made available to Us Driving Reports or that otherwise relate to Your use of the Website or Services. Upon termination, You shall cease any use of the Website and Services. Subsequent to termination, Us Driving Reports reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.

(e) LEGAL ACTION If Us Driving Reports, in Us Driving Reports's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Us Driving Reports will be entitled to recover from You as part of such legal action, and You agree to pay, Us Driving Reports's reasonable costs and attorney's fees incurred as a result of such legal action. The Us Driving Reports Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

(f) SURVIVAL Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-9, and 12-23 will survive any termination of this Agreement.

19. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. Us Driving Reports shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Us Driving Reports. You agree that any notice received from Us Driving Reports electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH Us Driving Reports IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY Us Driving Reports OF AN EMAIL TO THAT ADDRESS.

20. PARTIAL INVALIDITY

Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.

21. REVIEWS

You agree that posting a review to our website, any website referred by us, email or live chat may be used without limit and at our sole discretion for any use we deem appropriate. You also agree that such review becomes our sole intellectual property and may be used without payment or royalty forever. You assign all rights to the review to us without reservation.

22. GENERAL

This Agreement constitutes the entire agreement between Us Driving Reports and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Us Driving Reports or by the unilateral amendment of this Agreement by Us Driving Reports and by the posting by Us Driving Reports of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Us Driving Reports. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Us Driving Reports are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the Us Driving Reports Parties and the Indemnified Parties as and to the extent set forth in Sections 8, 14, 16a, 18, 20e, and 23 and in this paragraph, and Us Driving Reports's licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to Us Driving Reports and Us Driving Reports's licensors and suppliers, and would therefore entitle Us Driving Reports or Us Driving Reports's licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement. Last Updated: AUGUST 2023