DRODE LLC, Company Terms and Conditions
Read entirely for full terms and conditions.
Customer Terms and Conditions
By registering as a Customer of DRODE, Drivers On Demand, (as defined below) of DRODE, LLC , (alternatively referred to herein as “DRODE”, we”, “us”, or “our” as the context requires) on drodecorp.com, or our DRODE applications in both IOS or Android forms, or any other website owned, licensed, or otherwise operated by DRODE (collectively, the “DRODE Websites and Apps”) or any other part of the DRODE Platform (as defined below), you (hereinafter alternatively referred to as “Customer”, “you”, or “your” as the context requires) are agreeing to the following Terms and Conditions.
The Terms and Conditions constitute a binding contract between you and DRODE (alternately referred to herein as this “Contract”, “Terms and Conditions” or “Agreement”). DRODE is the owner and operator of the DRODE Apps and Websites and the corresponding mobile applications made available on iOS or Android devices (collectively the “DRODE Applications” and, together with the DRODE Websites, the DRODE referral service, any all other DRODE software, and any and all DRODE telephone numbers, collectively, the “DRODE Platform”).
Definitions
Except as otherwise defined in this Agreement, capitalized terms have the meanings set forth herein.
“Customer” is a person or entity that utilizes any part of the DRODE Platform or DRODE’s referral service to avail his, her, or itself, or other parties as the case may be, to Drivers willing to provide designated driving services.
“Driver” is a person who is registered on the DRODE Platform in order to utilize the DRODE Platform and DRODE’s referral service to avail themselves to Customers who seek designated driving services.
Description of Service
DRODE is a referral service that provides information to you about where, when, and from whom you may obtain driving services. By signing up with this service (referred to as “online service,” “referral service,” or simply “service”), we agree to provide you with timely information about individuals that may serve you. We require a referral fee, annual fee (for Customers with an account prior to January 10, 2021), and compliance with this Agreement in exchange for services, as detailed in the terms and conditions of this Agreement. By creating an account and receiving our referrals to Drivers, you agree to abide by all of the terms and conditions in this Agreement. During peak usage of the service, Drivers may not be available. Referrals to Drivers are available on a “first come, first serve” basis, and not guaranteed until confirmed by DRODE.
Registration
Before receiving any services from DRODE, you must become a registered Customer or sign a Waiver (for owners of vehicles requiring designated driving services, but not yet a registered Customer with DRODE). A registered Customer is one who completes the Customer registration process in one of two ways; by (1) calling 1- (800) 993-3533 and asking to be signed up as a registered Customer; or (2) completing the “Rider or Driver Registration” section on DRODE’s mobile application.
Online Account
As a Customer you will receive a password and account name for access to an online account with one or more of the DRODE Apps or Websites. You will be solely responsible for maintaining the confidentiality of the online account and its password, and are solely responsible for any and all activities that occur under your account.
As an account holder to one or more of the DRODE Apps or Websites, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that DRODE cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You acknowledge, consent and agree that DRODE may access, preserve and disclose your account information if, in our sole discretion, we believe doing so is in any manner necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract; (d) respond to your requests for customer service; or (e) protect the rights, property and personal safety of DRODE, its users and the public.
DRODE, in its sole discretion, expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of our online services and referral services. Reasons for doing so include, but are not limited to, instances in which DRODE believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to use the services of and/or associate with DRODE; or (ii) have violated this Agreement or have (iii) violated the code of conduct of DRODE. You hereby agree that, under this Agreement, DRODE is not required to give you any prior notice of termination of your account and referrals or service.
By creating a DRODE account, you acknowledge and understand that the software that embodies the DRODE Apps and Websites includes security components that allow us to protect, record, and preserve data that is utilized by operation of the software and your personal privacy. For more information about DRODE’s security and privacy controls, see DRODE’s Privacy Policy available here. By using any software made available through the online service, you agree that you shall not attempt to override or circumvent any such protective, recording, or preservation measures, including but not limited to the usage rules embedded in the software.
Customer Conduct
• You agree to use the DRODE Platforms only for lawful purposes.
• You agree to not make any disparaging comments about DRODE, its employees, Customers, or Drivers.
• You agree to use the DRODE Platforms only for its intended purposes.
• You agree not to disrupt any part of the DRODE Platforms.
• You agree not to interfere with or compromise the security of any part of the DRODE Platform, or any computer, server, account, network, data, software and/or hardware associated with DRODE or the DRODE Platform.
• You agree not to disrupt or interfere with any other visitor’s use of any part of the DRODE Platform.
• You agree not to offer or recommend any promotional materials, including but not limited to promotion/referral codes, on commercial coupon discount websites. Referral codes may only be personally distributed. You agree that DRODE has sole discretion to discredit and delete any promotional/referral code at any time for whatever reason DRODE deems appropriate.
• You agree not to attempt to obtain access to any portion of the DRODE Platform, any computer, server, account, network, software and/or hardware associated with DRODE or the DRODE Platform from which you are restricted.
• You agree that you are solely responsible for any actions you undertake while visiting any DRODE platform and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to the DRODE Platform and the Internet, including United States copyright law and export regulations.
• You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to any part of the DRODE Platform.
• You warrant that all information you provide to gain access to any part of the DRODE Platform or the services provided by DRODE is accurate and truthful.
• DRODE reserves the right to prohibit any conduct involving any part of the DRODE Platform that it deems to be inappropriate or illegal.
• DRODE does not knowingly or intentionally collect personal information from children under the age of 16. The content of the DRODE Platform is directed at adults and is intended for use only by adults over the age of 16. If you are under the age of 16, you may not submit any personal information to DRODE.
User of DRODE apps and platforms agree to receive messaging and One Time Passwords (OTPs) expressly for communications pertaining to the use of DRODE Apps and platforms. You may contact customer service at anytime to terminate receiving messages and OTPs at any time or by deleting your DRODE apps .
Payments and Fees
In exchange for a referral fee , DRODE shall provide you with the opportunity to avail yourself to Drivers willing to provide designated professional driving services. You hereby acknowledge and agree that your fee is made in order to facilitate a business transaction, and not a transaction to purchase goods or services for personal or household use.
DRODE shall list all pricing for all services in U.S. Dollars.
You may consider three options:
1. Personal Driving Service / Vehicle Relocation: DRODE shall refer you to a Driver that is available for an entire night, on a per-hour basis, or for a minimum of one half an hour plus a mile charge basis. Rates vary by location. You will be billed for both driving and non-driving hours, miles if less than one hour of professional driving, the cost of the transportation service to bring the driver to your location and return them to their base location, and the total will be rounded up to the nearest full hour.
2. Family/Friend Driving Service: DRODE shall refer you to a Driver that is available to transport a family member/friend/ or designee on a per-half hour basis, on a destination basis or for a minimum of one half hour plus a mile charge basis. Rates vary based upon location and distance traveled. You will be billed for both driving and non-driving hours, miles if less than one hour of professional driving, the cost of ride share service to bring the driver to your location and return them to their base location, and the total will be rounded up to the nearest full hour.
3. Airport or other return care service: DRODE shall refer you to a Driver that is available to return your car to your home or desired location on a per-half hour basis, or for a minimum of one half hour plus a mile charge basis. Rates vary by location. You will be billed for both driving and non-driving hours, miles if less than one hour of professional driving, the cost of transportation service to bring the driver to your location and return them to their base location, and the total will be rounded up to the nearest full hour.
DRODE will automatically and immediately bill you for any referral you request, based upon the billing option you choose, by means of the credit card information you provide during the registration process, whenever possible. If a reservation is over $200, the payment will be charged 24-hours prior to the start of the order. Orders for $200 or less will be charged once service occurs. DRODE reserves the right to charge payment prior to the start time for any reservation without prior notice.
DRODE will automatically bill you $200 for a distance traveled of greater than 40 miles from the Drivers home base. If you return to within 30 miles of the home base, that automatically billed amount will be refunded to you. A distance exceeding 50 miles from the Driver’s home base (an additional 10 miles), is billed another $300. Any of these fees are refunded if the Driver’s final location of the ride completion is within 30 miles of the Driver’s home base or subsequent ride to the next rider. If a Driver requires increased expenses to return to their home base such a overnight expenses or plane fare to return to homebase, the Rider will assume these costs in their entirety.
If your credit card is invalid or unauthorized for any reason, your access to the DRODE’s driving service may be suspended or cancelled immediately, without notice, and all the information contained within it deleted permanently. The payment due will need to be paid immediately, and a 2% daily non-payment fee will be added to the already outstanding balance.
For corporate customers who choose weekly billing, an invoice will be generated every week for the previous weeks billed hours and payment will be due upon receipt.
You will be responsible for paying any tolls or parking fees required during your use of the service, and will be responsible for any tolls required for the Driver to travel to your location prior to commencing your service.
You hereby agree that DRODE may alter service fees at any time, without prior notice to you, to affect any future referral from DRODE.
You hereby agree that DRODE will charge a 2% weekly compounding late fee for any past due balances charged on the Monday of each week.
Referral Cancellation/Revisions
If you wish to cancel your request for a DRODE scheduled Driver, you must do so within two hours of the requested start time. Failure to do so will result in an automatic, minimum cancellation charge of two hours. Any cancellations/revisions to a reservation must be made through the DRODE platform or contacting DRODE customer service and speaking to a representative.
Restriction
You are not permitted to receive driving services from Drivers registered with DRODE except through your contractual relationship with DRODE. All requests for service with DRODE must be placed directly with DRODE through its mobile application, website, or phone line. Calling a Driver directly is not considered a request for service with DRODE. You hereby agree that receiving driving services of the type provided to referrals from DRODE, and from the Drivers you obtain knowledge of through DRODE is a material breach of this Agreement and all rights and protections provided by this Agreement to you are null and void, and you hereby waive any rights or remedies you have against DRODE under this agreement or under applicable law. Any breach of these restrictions will result in a $10,000 fine per use of servce, each and every time the driver is used. This amount will be due immediately on breach of this agreement.
If you violate this provision, DRODE may, in its sole discretion and without notice, in addition to any remedies available under applicable law, (i) suspend or terminate you from current or future services through DRODE; (ii) pursue any remedy necessary to enforce this this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) lost profits; (b) costs; (c) expenses; and (d) attorney fees.
Copyright, Trademark and Intellectual Property
All information, content and material made available by DRODE through any part of the DRODE Platform, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising any part of the DRODE Platform or any component or element thereof (collectively, the “Content”) is owned by or licensed to DRODE. The compilation of the Content on the DRODE Platform is the exclusive property of DRODE and its licensors and is protected by U.S. and international copyright law. The content of DRODE apps and website is considered Secret and Confidential and is protected by laws regarding such.
DRODE and its licensors retain all rights in the Content of the DRODE Platform. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
DRODE grants you permission to display and print the Content of the DRODE Websites (other than the computer code) for your personal, non-commercial use only; provided, that, even if you display or print the Content of any DRODE Website as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in connection with any service or information that is not DRODE’s or in any manner that is likely to cause confusion among consumers or that disparages DRODE. The rights granted herein terminate automatically if you breach these Terms and Conditions. Upon termination of these rights, you agree that you will immediately destroy any Content you displayed or printed.
DRODE and all derivations thereof are trademarks of DRODE. Other marks used on the DRODE Platform are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of DRODE and may not be used, copied or imitated without the prior written consent of DRODE.
Alteration of the DRODE Platform
DRODE may change, suspend or discontinue any feature, aspect, or service available through any part of the DRODE Platform at any time. DRODE may alter the availability of any feature of any part of the DRODE Platform or service related to any feature of the DRODE Platform at any time. DRODE may add, remove or modify any content of any part of the DRODE Platform, including that of third parties, at any time.
Liability
DRODE carries general corporate insurance only. DRODE requires that that both the Driver and the Customer maintain automobile liability insurance in amounts as required by the Driver’s and the Customer’s respective state laws (respectively, the “Driver’s Insurance” and the “Customer’s Insurance”). The Customer’s Insurance must cover the vehicle the Customer plans to be transported in by a DRODE referred Driver. DRODE does not insure or guarantee any payment or compensation for incidents that may occur during the service, and you acknowledge and agree that either you or the Driver may be personally liable for damages that are not covered by either the Driver’s Insurance or the Customer’s Insurance. In addition, DRODE is not responsible for any items lost or stolen, or any damage that may occur to the vehicle while it is parked whether attended or unattended by the Driver. Accordingly, you are at risk for any loss or physical damage that occurs during your use of the service.
You shall provide your Driver with proof of the Customer Insurance prior to each time that you receive the service. In the case of a customer renting a vehicle, the customer must purchase insurance from the rental car company covering the potential liability to the vehicle, any individuals in the vehicle, or any third party that may be involved in an incident. If the insurance purchased from the rental car company does cover the extent of the liability, the customer agrees to be solely responsible for any liability in excess of the policy they purchased from the rental car company from which they rented the vehicle.
Neither DRODE, nor its affiliated or retained law firms, specifically Trenam Law, shall not be responsible for any damage, loss, cost, or other liability whether or not any such damage, loss, cost, or other liability results from the service unless the actions of DRODE directly caused or resulted in such damage, loss, cost, or other liability; provided that you hereby acknowledge and agree that any damage, loss, cost, or other liability that arises as a result of where the vehicle was placed at the conclusion of a reservation (the conclusion of a reservation being the time when the Driver returns the keys to the vehicle back to the Customer) shall not under any circumstances be considered to have been caused directly or indirectly by the Driver or DRODE. In addition, if after an investigation and inquiry by DRODE, DRODE determines in its sole discretion that the Driver was at fault for an accident, Customer may be eligible (such eligibility determined by DRODE in its sole discretion), to be reimbursed by DRODE solely for payments Customer made toward the deductible in respect of the Customer Insurance in an amount not to exceed One Thousand Dollars ($1,000) (individually, each an “At Fault Deductible Reimbursement Payment”). Customer shall follow the procedures set forth in the section below titled “Procedure in Case of Accident or Injury” in order to submit and be eligible to receive a claim for an At Fault Deductible Reimbursement Payment.
DRODE shall not be held responsible in any occasion for a referred driver who may or may not be sick with any illness, sickness, virus, or any medical issue that may be contagious. All risk brought on by utilizing a DRODE referred driver will be at the liability and choice of the DRODE customer.
Procedure in Case of Accident or Injury
Once you notify DRODE of any accident or injury to persons or property, DRODE will provide you with the information necessary to contact the Driver and the carrier of the Driver’s Insurance. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with the carrier of Customer’s Insurance or the carrier of the Driver’s Insurance.
For DRODE to consider a claim for an At Fault Deductible Reimbursement Payment, you must submit to DRODE at support@drodecorp.com (1) an official police report of the accident that states that the Driver was at fault within five days of the accident giving rise to the claim, (2) written statement that includes a detailed narrative of the accident, where it occurred, when it occurred, who was involved, and the damages the occurred within five days of the accident giving rise to the claim, and (3) evidence in form and substance satisfactory to DRODE (in its sole discretion) that Customer paid the deductible for Customer’s Insurance in respect of the accident giving rise to the claim within five days of making such payment (collectively, the “At Fault Deductible Reimbursement Payment Claim Submission”). After Customer has submitted the At Fault Deductible Reimbursement Payment Claim Submission related to the accident, if after an investigation and inquiry by DRODE, DRODE determines in its sole discretion that Driver was at fault for an accident and that Customer is eligible to receive the At Fault Deductible Reimbursement Payment related to the accident, then DRODE shall send a waiver to Customer (each an “At Fault Deductible Reimbursement Payment Customer Waiver”). Within thirty (30) days of Customer returning the executed At Fault Deductible Reimbursement Payment Customer Waiver related to the accident giving rise to the claim to DRODE at support@drodecorp.com, DRODE shall send to Customer the At Fault Deductible Reimbursement Payment related to the accident giving rise to the claim.
Duty to Notify & Cooperate
In case of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you agree to provide immediate, written notice to DRODE. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to support@drodecorp.com.
You also agree to fully and timely cooperate in any investigation by DRODE of any incident reported by you, a Driver, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of DRODE. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.
Car Ownership
In the event that you do not own the vehicle in which you plan to be transported by a DRODE referred Driver, you must notify DRODE immediately. Failure to do so is a material breach of this Agreement.
Prior to receiving any requested driving services under these circumstances, the vehicle owner must provide to DRODE a completed, written Waiver, or call to verbally agree to the terms of the Waiver by phone. If either a written or verbal waiver is not completed within two hours prior to the beginning of your reservation, the order may be subject to cancellation. If your order is cancelled for your failure to provide a waiver two hours prior to your reservation, you will be assessed a late cancellation fee of $100.
Notwithstanding your previous representations to DRODE or your Driver regarding vehicle ownership, in the instance that you utilize driving services through DRODE and DRODE has not received any form of waiver regarding vehicle ownership, you represent and warrant to DRODE that you have obtained lawful access to a vehicle that you own, and are lawfully using that vehicle to consummate DRODE’s referral services.
By failing to obtain any form of waiver based on vehicle ownership, DRODE does not waive any right to enforce any provisions of this Agreement, including indemnification and hold-harmless provisions.
If a vehicle is rented from a third-party, you represent and warrant that insurance for the vehicle has been purchased from that third-party or another third-party covering the vehicle, any individuals in the vehicle, and any damage caused to a 3rd party during the duration of the rental.
Independent Contractor
You hereby acknowledge that you are receiving only referral services from DRODE and that each Driver to whom you are referred is an independent contractor and is not an employee of DRODE. You and DRODE agree that this relationship does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the Driver and DRODE.
You also acknowledge that any Driver to whom you are referred is not authorized to enter into or commit DRODE to any agreements beyond those authorized by this Agreement. Furthermore, the Driver is contractually bound to not represent itself as the agent or legal representative of DRODE and shall not be construed as ever doing so.
Indemnification & Waiver
You agree to forever waive, indemnify, defend, and hold harmless DRODE and its officers, directors, employees, agents and other representatives from and for any claims, allegations, lawsuits, or other proceedings for any injury, loss, or damage resulting from a referral from DRODE, including costs of litigation, settlement, award, and attorney fees. You agree to forever indemnify, agree to defend, and hold harmless DRODE and its officers, directors, employees, agents and other representatives from and against all damages, losses, and causes of action including, without limitation, costs, awards, settlements, attorney fees, and damages to the extent caused by:
1. Breach of any provision of this Agreement by you, your Driver, or DRODE;
2. Misrepresentation or falsity of any affirmation, warranty, or claim by you within this Agreement or while receiving service;
3. Negligent or willful acts by you, your Driver, or DRODE;
4. Non-compliance or breach of any applicable law, rule or regulation by you, your Driver, or DRODE; and/or
5. Infringement of any right of any third party by you, your Driver, or DRODE.
In the event of any litigation or proceeding brought against DRODE and arising out of or in any way connected with any of the above events or claims against which you agree to defend DRODE, you shall, upon notice from DRODE, vigorously resist and defend such actions or proceedings in consultation with DRODE through legal counsel reasonably satisfactory to DRODE.
You hereby agree that, should DRODE determine to pay you an At Fault Deductible Reimbursement Payment, such payment does not constitute a waiver of any of the terms in this section.
Disclaimers
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DRODE PLATFORM IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. DRODE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE DRODE PLATFORM, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH ANY PART OF THE DRODE PLATFORM.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH ANY PART OF THE DRODE PLATFORM (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT DRODE IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO ANY PART OF THE DRODE PLATFORM OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH A PART OF THE DRODE PLATFORM.
DRODE MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE ANY PART OF THE DRODE PLATFORM OR ANY PAGE OF ANY DRODE WEBSITE AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.
YOU AGREE TO VISIT THE DRODE WEBSTIES AND USE THE DRODE PLATFORMS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF ANY PART OF THE DRODE PLATFORMS, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY PART OF THE DRODE PLATFORMS IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE DRODE PLATFORMS WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY PART OF THE DRODE PLATFORM ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH ANY PART OF THE DRODE PLATFORM.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING ANY PART OF THE DRODE PLATFORM SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PART OF THE DRODE PLATFORM, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE ANY PART OF THE DRODE PLATFORM, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH ANY PART OF THE DOD PLATFORM. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, DRODE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF ANY PART OF THE DRODE PLATFORM OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THE DRODE PLATFORM OR ANY OTHER WEBSITE LINKED TO ANY DRODE WEBSITE RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
Waiver
Any failure by DRODE to exercise its rights or obligations as stated in this Agreement shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of this Agreement unless one is obtained in a writing signed by both parties.
Marketing
Except through a DRODE Website or with express permission from DRODE, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with any part of the DRODE Platform or DRODE. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies any part of the DRODE Platform or DRODE, and/or uses any of the Content, intellectual property, including copyrighted text, pictures, and images of DRODE or being used as part of the DRODE Platform, including marks protected by US trademark laws.
You agree that DRODE retains sole authority to advertise it service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in this Agreement.
Enforceability
You hereby affirm that you are of sound mind and body to enter this Agreement, are able to understand it, and hereby waive any defense to the enforceability of its terms and conditions, including intoxication.
Arbitration
Any dispute over this Agreement or any other matter between you and DRODE arising shall be subject to binding arbitration in the State of Florida, city of Tampa, with an arbitrator chosen by DRODE. You and DRODE agree to share the cost of the arbitrator.
Cancellation
To cancel your subscription at any time, email support@drodecorp.com or call 1 (800) 993-3533.
Amendments
DRODE reserves the right to amend this agreement at any time, without notice, to affect future dealings between you and DRODE. You may not alter this Agreement, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.
Termination
Breach of any of this Agreement shall entitle DRODE, in its sole discretion, to suspend or terminate your registration as a Customer with the DRODE.
Entire Agreement
This Agreement constitutes the entire agreement between both parties, and supersedes all prior oral or written promises and contracts regarding your use of the services of DRODE.