DriveDollar Terms of Service

By using DriveDollar and/or any of Savitas Strategic Software Solutions, LLC’s (“Savitas”) products, software, services or web sites ("Savitas services"), you agree to the following terms and conditions in its entirety, in addition to any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to your specific Sales and License Agreement, the End User License Agreement, Privacy Policy and any potential Legal Notices (collectively, the "Terms"). The Terms may be updated from time to time, with or without notice, and you agree to the updated Terms through continued usage of Savitas services. If you do not agree to the Terms, then you may not install or otherwise use any of Savitas Services.

1. Use of Services

1.1. Savitas Strategic Software Solutions, LLC, any subsidiaries and affiliated companies, offer Savitas services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Your particular usage may be restricted by any other agreements you may have with Savitas such as a Sales and License Agreement.

1.2. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information Savitas may, at its sole discretion, deem relevant and important as part of the registration process and/or continued use of Savitas services.

1.3. You are responsible for maintaining the confidentiality of your account, your account password, and access. You are responsible for all activities that occur under your account. You agree to immediately notify Savitas of any unauthorized use of your password or account or any other breach of security. Savitas cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

2. Appropriate Conduct

2.1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person or entity from which such Content originated. Savitas reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content made available via Savitas services. You understand that by using Savitas services you may be exposed to Content that is potentially offensive, indecent or objectionable, and that you use Savitas services at your own risk. For example, forums may or may not be moderated.

2.2. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Savitas services and for any consequences thereof. You agree to use Savitas services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines such as your specific Sales and License Agreement. You agree that you will not engage in any activity that interferes with or disrupts Savitas services or servers or networks connected to Savitas services. To report any activity or Content that may violate the Terms, please email Savitas at support@savitas.net.

2.3. In addition to this agreement, your use of some specific Savitas services such as Savitas Playlist Export is governed by the policies, guidelines, or specific agreements between you and Savitas such as a Sales and License Agreement specific to those services and which are specifically incorporated into this agreement.

2.4. In addition to complying with Savitas’ data usage and privacy policies, you agree to comply with your entity’s/company's data usage and privacy policies.

2.5. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

 3. Savitas Privacy Policy

3.1.For more detailed information regarding Savitas’ data privacy and protection practices, please see our Privacy Policy at https://www.drivedollar.com/PrivacyPolicy. By using Savitas services, you acknowledge and agree that Savitas may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, preservation. or disclosure is reasonably necessary to, in an non-exhaustive list:

3.1.1. Satisfy any applicable law, regulation, legal process or enforceable governmental request,

3.1.2. Enforce the Terms, including investigation of potential violations hereof,

3.1.3. Detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam),  

3.1.4. Protect against imminent harm to the rights, property or safety of Savitas, its users or the public as required or permitted by law, or

3.1.5. Protect Savitas’ legal rights and remedies.

3.2. You understand that the technical processing and transmission of Savitas services, including your Content, may involve

3.2.1. transmissions over various networks; and

3.2.2. changes to conform and adapt to technical requirements of connecting networks, devices or services.

3.3. Some of Savitas service may include tools that allow your computer system to forward information to Savitas that may include system and driver data in addition to other information. Such information would generally be used for diagnostic and repair, “bug” fixes, purposes.

3.4. You also understand and agree that your domain administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account independent of Savitas’ rights and authority to do so.

 

4. Proprietary Rights

4.1. Savitas’ Rights

4.1.1. You acknowledge and agree that Savitas services and any necessary software used in connection with Savitas services ("Software") contain proprietary and confidential information that is protected by any and all applicable intellectual property and other laws and treaties such as moral rights, copyrights, trademarks, service marks, patents, and any other proprietary rights and laws. You agree that you will not reverse engineer or otherwise attempt to infringe on any and all rights Savitas may have as related to its Software and Savitas services.

4.1.2. You further acknowledge and agree that Content that may be presented to you through Savitas services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Savitas or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Savitas services or Software, in whole or in part except as specifically authorized in a separate written agreement.

4.1.3. Subject to the Terms and any and all applicable agreements between you and Savitas such as the Sales and License Agreement, Savitas grants you a non-transferable and non-exclusive right and license to use its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Savitas in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Savitas services. You agree not to access Savitas services by any means other than through the interface that is provided by Savitas for use in accessing Savitas services except as specifically authorized in a separate written agreement.

4.1.4. You agree not to remove, obscure, or alter Savitas’ or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Savitas services or Software.

4.2. Your Rights

4.2.1. Savitas claims no ownership or control over any Content submitted, posted or otherwise displayed by you on or through Savitas services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or otherwise display on or through Savitas services and you are responsible for protecting those rights, as appropriate.

4.2.2. By submitting, posting or displaying Content on or through the Savitas services which are intended to be available to the members of the public, you grant Savitas a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Savitas services for the purpose of displaying, distributing and promoting Savitas services. Savitas reserves the right to syndicate Content submitted, posted or displayed by you on or through Savitas services and use that Content in connection with any service offered by Savitas. Savitas furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

4.2.3. Furthermore, you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

 

5. Software and Updates

5.1. Your use of any Software provided by Savitas will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software as well as any specific agreement you may have with Savitas such as your specific Sales and License Agreement. Savitas Software may automatically report version number and/or other diagnostic information and, at its sole discretion, may automatically download upgrades to the Software to update, enhance and further develop Savitas services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. Your continued use of Savitas services constitutes your acceptance of any and all applicable Terms and agreements.

 

6. General Practices Regarding Use and Storage

6.1. You agree that Savitas has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Savitas services. You acknowledge that Savitas, at its sole discretion at any time with or without notice, may set a fixed upper limit on the number of transmissions you may send or receive through Savitas services or the amount of storage space used.

6.2. Upon the termination of your use of Savitas services, Savitas will close your account and you will no longer be able to retrieve content contained in that account.

 

7. Unauthorized Use

7.1. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Savitas services, use of Savitas services, or access to Savitas services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement such as a Sales and License Agreement between you and Savitas.

 8. Modifications to Service

8.1. Savitas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Savitas services (or any part thereof) with or without notice. You agree that Savitas shall not be liable to you or to any third party for any modification, suspension or discontinuance of Savitas services unless otherwise agreed to in a separate written agreement such as a Sales and License Agreement.

9. Termination

9.1. You may discontinue your use of Savitas services at any time subject to the Terms and any applicable agreements between you and Savitas such as a Sales and License Agreement.

9.2. Subject to any applicable agreements between you and Savitas such as a Sales and License Agreement, you agree that Savitas may at any time and for any reason, including a period of account inactivity, terminate your access to Savitas services, terminate the Terms, or suspend or terminate your account.

9.3. In the event of termination, your account will be disabled and you may not be granted access to Savitas services, your account or any files or other content contained in your account. Sections pertaining to Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations, and including choice of law, severability and statute of limitations, of the Terms and any applicable agreements between you and Savitas such as a Sales and License Agreement, shall survive expiration or termination.

10. Links

10.1. Savitas services may provide, or third parties may provide, links to other World Wide Web sites or resources. Savitas may have no control over such sites and resources. You acknowledge and agree that Savitas is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

10.2. You further acknowledge and agree that Savitas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.

 11. Indemnity

11.1. You agree to hold harmless and indemnify Savitas, and all its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Savitas and Partners") from and against any third party claim arising from or in any way related to your use of Savitas services, violation of the Terms, or any other actions connected with the use of Savitas services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Savitas will provide you with written notice of such claim, suit or action.

12. Disclaimer of Warranties

12.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

12.1.1. YOUR USE OF SAVITAS SERVICES IS AT YOUR SOLE RISK. SAVITAS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVITAS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.1.2. SAVITAS AND PARTNERS DO NOT WARRANT THAT

12.1.2.1. SAVITAS SERVICES WILL MEET YOUR REQUIREMENTS,

12.1.2.2. SAVITAS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

12.1.2.3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SAVITAS SERVICES WILL BE ACCURATE OR RELIABLE,

12.1.2.4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SAVITAS SERVICES WILL MEET YOUR EXPECTATIONS, AND

12.1.2.5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.1.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SAVITAS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.1.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVITAS OR THROUGH OR FROM SAVITAS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13. Limitation of Liability

13.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAVITAS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAVITAS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

13.1.1. THE USE OR THE INABILITY TO USE SAVITAS SERVICES;

13.1.2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SAVITAS SERVICES;

13.1.3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

13.1.4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SAVITAS SERVICES; OR

13.1.5. ANY OTHER MATTER RELATING TO SAVITAS SERVICES.

13.2. Unless otherwise agreed to in a separate agreement, in writing, such as in a Sales and License Agreement, Savitas’ liability shall never exceed the total fees paid by you to Savitas during the three (3) months prior to your making a claim against Savitas.

14. Exclusions and Limitations

14.1. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL AND APPLICABLE IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 15. Equitable Remedies

15.1. You agree that Savitas would be irreparably damaged if the Terms were not specifically followed and enforced. In such an event, you agree that Savitas shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach the Terms; and that the awarding of equitable remedies to Savitas will not limit its ability to receive remedies that are otherwise available to Savitas under applicable laws.

16. Assignment and No Third Party Beneficiaries

16.1. You agree that, except as otherwise expressly provided in the Terms and any and all specific agreements you may have with Savitas such as a Sales and License Agreement, there shall be no third party beneficiaries to the Terms.

16.2. You further agree that you may not assign the Terms, in whole or in part, to any person or entity at any time without Savitas’ prior written consent. Your assignment of the Terms without Savitas’ prior written consent shall be void.

16.3. Savitas may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent.  

 17. Notice

17.1. You agree that Savitas may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Savitas services.

18. General Information

18.1. Entire Agreement

18.1.1. If there are no other agreements between you and Savitas, then the Terms (including any policies, guidelines or amendments that may be presented to your from time to time such as Legal Notices) constitute the entire agreement between you and Savitas and govern your use of Savitas services, superseding any prior agreements between you and Savitas for the use of Savitas services.

18.1.2. If there are other agreements between you and Savitas, such as a Sales and License Agreement, then the Terms are incorporated into those agreements with the provisions within those agreements superseding any potentially conflicting provisions within the Terms.

18.1.3. In such instances where you may also be subject to such additional terms and conditions that may apply when you use or purchase certain other Savitas services, affiliate services, third-party content or third-party software, those additional terms and conditions are incorporated into the Terms and where there is a conflict, the specific agreements for those particular Savitas services will control.

18.2. Choice of Law and Forum

18.2.1. Unless otherwise noted in any other specific agreements between you and Savitas such as a Sales and License Agreement, the Terms and the relationship between you and Savitas shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Savitas agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dauphin, Pennsylvania.

18.3. Waiver and Severability of Terms

18.3.1. The failure of Savitas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

18.3.2. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

18.4. Statute of Limitations

18.4.1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Savitas services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18.5. Force Majeure

18.5.1. Savitas shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Savitas, such as, in a non-exhaustive list, natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

18.6. Savitas services may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. 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.

18.7. The section headings in the Terms are for convenience only and have no legal or contractual effect.