WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS,
INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
PROCON Inc., doing business as DriveOK ("we"
or "us") offers access
to and use of http://www.driveok.com
to you, subject to your acceptance of these terms and conditions
("Terms"). By accessing, using or
obtaining any content, data, materials, information, products or services
through our site, you agree to observe these Terms. If you do not accept all of
these Terms, then please leave our site immediately.
We, along with our service and information
providers ("Providers"), own and have copyrights on our site and all
of its contents. You will not copy, reproduce, republish, upload, post,
transmit, distribute, sell, transfer or modify any of the content, data,
information or materials found on our site, but you may download, display and
print one copy of the materials presented on our site on a single computer for
your personal, non-commercial use. Trademarks, logos and service marks
displayed on our site ("Marks") are ours, and our Providers',
registered and common law Marks. Your use of and access to our site does not
grant you any license or right to use any of the Marks. You will not use any
robot, spider, other automatic device, or manual process to monitor materials
available through our site. All software, applications, and modules used on our site
are proprietary to us or licensed to us by other parties. You may not
reproduce, reverse engineer, create derivative works of, reverse assemble or
reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any
software on our site.
2. COPYRIGHT AND TRADEMARK NOTICES.
All contents of our site are Copyright
2009, PROCON Inc. All rights reserved. DriveOK and DriveOK.com are
trademarks of PROCON Inc. Other product, service and company names listed in
our site may be the trademarks of their respective owners.
3. USE OF SITE.
You may only use our
site if you are at least 18 years of age and can enter into binding contracts
(our site is not available for use by minors). You are responsible for
maintaining the secrecy of your passwords, login and account information. You
will be financially accountable for all uses of our site by you and anyone
using your password and login information. You agree to be completely
responsible for all charges, fees (including, without limitation, any monthly
or use fees charged by us), duties, taxes and assessments arising out of the
use of our site. You also represent and warrant that all information supplied
by you to us is true and accurate. You may not use our site: to post or
transmit any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law; or for any other
purpose that is unlawful or prohibited by these Terms. We may, at any time and
without advance notice or liability, terminate or restrict your access to all
or any component of our site. Your access to our site may not be uninterrupted
or available at all times. We cannot promise that our site will be error-free,
that defects or errors will be corrected or that our site or the servers that
make it available are free from viruses or other harmful components. You will
not use any device, software or routine that interferes or attempts to
interfere with the normal operation of our site or take any action that imposes
an unreasonable load on our computer equipment.
4. USER INFORMATION.
Content you send to us, as between us and you,
whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our
sole property and is transmitted at your sole risk. You are strictly prohibited
from uploading to our site any material that contains any virus, worm,
"trojan horse", time bomb, or similar contaminating or destructive
feature. Violators may be prosecuted to the maximum extent of the law.
5. SOFTWARE AVAILABLE ON THIS SITE.
5.1. Any software that is made available to download from our site
("Software") is our copyrighted work, or our affiliates, and/or their
suppliers. Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies, or is included with, the Software
("License Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms.
5.2. For any Software not accompanied by a License Agreement, we hereby
grant to you a personal, nontransferable license to use the Software for
viewing and otherwise using our site in accordance with these terms and
conditions and for no other purpose.
5.3. Please note that all Software, including, without limitation, all
HTML code and Active X controls contained on our site, is owned by us, our
affiliates, and/or their suppliers, and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the
Software is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
5.4. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
5.5. You acknowledge that the Software and any accompanying
documentation and/or technical information are subject to applicable export
control laws and regulations of the United States. You agree not to
export or re-export the Software, directly or indirectly, to any countries that
are subject to United States export restrictions.
You hereby represent and warrant that you own or have
the right to submit all information you send to us. Your use of our site is
reasonable and acceptable to you. Your acceptance of these Terms is also your
Our site may contain links to other sites that we do not
operate or control. We are not responsible for these other sites. We provide
these links for your reference and convenience. We do not endorse the contents
of these other sites. These links are not an indication of our association with
the owners or operators of any of these other sites or our endorsement of any
material on those sites. You are free to access these other sites, but you do
so at your own risk. You agree not to create a link from any site, including
any site controlled by you, to our site without our express, written permission.
8. WARRANTY DISCLAIMER.
WE MAKE NO, AND OUR PROVIDERS MAKE, NO
WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS,
INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE
PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY
REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR
UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY,
COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE
EXPRESSLY DISCLAIM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY
DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. WE, OUR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
9. LIMITATION OF LIABILITY.
WE WILL NOT BE, AND OUR PROVIDERS WILL
NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE
OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION,
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF
OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY
FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE
ANY COMPONENT OF THIS SITE FOR VEHICLE LOCATIONS), OR (III) THE PERFORMANCE OR
NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This disclaimer of liability applies to
any damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or unauthorized access
to, alteration of, or use of record, whether for breach of contract, tortious
behavior, negligence, or under any other cause of action.
10. DOLLAR LIMITATION.
If, despite the
limitations above, we are or a Provider is found liable for any loss or damage
which arises out of or is in any way connected with any of the occurrences
described in such sections, then our liability and the Providers' liability
will in no event exceed, in total, the sum of US$250.00. Some states do not allow
the limitation of liability, so the limitations above may not apply to you.
You will defend and indemnify us and any
Provider and each of our officers, directors, employees and agents from and
against any claim, cause of action or demand, including, without limitation,
reasonable legal and accounting fees, brought by you or on your behalf in
excess of the liability described above or by third parties as a result of your
breach of these Terms or the documents made part of these Terms by reference,
your violation of any law or the rights of a third party or your use of our
The headings in these Terms are for your convenience
and reference only. Such headings do not limit or affect these Terms. Your
acceptance of these Terms and use of our site do not create a joint venture,
partnership, employment or agency relationship with us. You may not assign,
delegate or transfer your rights or obligations under these Terms. We may
modify these Terms at any time. Your continued use of our site, following any
modification of these Terms, will be subject to the Terms in effect at the time
of your use. You will review these Terms periodically. Your continued use of
our site, following any modification, will be your acceptance of the modified
Terms. Except as described in the preceding sentences, you and we can only
modify these Terms in a written document signed or otherwise accepted by you
and by us. Other terms and conditions may apply to your of services and
products through our site and to your use of other portions of our site. You
will observe these other terms and conditions. If we fail to act with respect
to your breach or anyone else's breach on any occasion, we are not waiving our
right to act with respect to future or similar breaches. If a court finds any provision
of these Terms to be unenforceable or invalid, that provision will be enforced
to the fullest extent permitted by applicable law and the other Terms will
remain valid and enforceable. These Terms, together with those items made a
part of these terms by reference, make up the entire agreement between us and
you relating to your use of our site, and replaces any prior understandings or
agreements (whether oral or written) regarding your use of our site. The laws
of the State of California (USA), without regard to its conflict of laws rules,
will govern these terms and conditions, as well as your and our observance of
them. If you take any legal action relating to your use of our site or these
Terms, you agree to file such action only in the state and federal courts
located in San Diego, California (USA).
In any such action or any action we may initiate, the prevailing party will be
entitled to recover all legal expenses incurred in connection with the action,
including but not limited to costs, both taxable and non-taxable, and
reasonable attorneys' fees. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
these Terms to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
These Terms are effective as of January 1st