Terms of Use

Last Updated: December 17, 2019

Agreement to Terms

Thank you for taking control of your data ! We ask that you read these Terms of Use carefully as it is a legal agreement between you and Driver’s Seat Cooperative (“DSC,” “we,” “us,” or “our”) that governs your use of DSC’s website at www.driversseat.co, the Driver’s Seat mobile app (the “App”) and the services offered by DSC (together the “Platform”).

By using the Platform, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered user. If you do not agree to these Terms of Use, please do not use the Platform.

Arbitration Notice

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW, YOU AGREE THAT MOST DISPUTES BETWEEN YOU AND DSC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Privacy

Your privacy is important to us. Please read the DSC Privacy Notice as it describes the types of personal information we collect from you and your device and how we collect, use, share and secure your personal information. Your use of the Platform is your agreement to our use of your personal information in accordance with our Privacy Notice.

DSC Services and Features

The Driver’s Seat app is a mobile application that allows you to track important personal information related to your work as an on-demand driver, including trips completed, miles driven, mileage expenses, time spent driving, and daily earnings (your “Work Data”). Your Work Data is saved to your personal Dashboard within the App, which provides you with important data and analytics so you can optimize productivity and earnings.

As more fully described in our Privacy Notice, or as otherwise communicated to you, DSC may pool or aggregate anonymized or deidentified portions of your Work Data with Work Data of other users to create unique analytics to help governments, policy makers, or other third parties, understand the unique challenges faced by rideshare and delivery service providers.

Creating an Account

Once you download the App, you must create an account to upload Work Data and access your Dashboard. You must be at least 18 years old to create an account. To register, we will ask you for information such as your name, email, and telephone number. We will also ask you information about your vehicle (including make, model and year) and to identify the on-demand platforms you regularly drive for (i.e. Uber, Lyft, etc). You agree to provide accurate, current and complete information as prompted during the account registration process. You can update or edit your account information within the App.

Finally, you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account whether or not you know about them. We reserve the right to suspend or terminate the account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

Your Work Data & Content

As between you and DSC, you retain all rights in your Work Data. With respect to any Work Data or other content you submit or make available to DSC or on the Platform such as Work Data, pictures, and other content (“User Content”), you grant to DSC a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose and, where applicable, by the policies stated in our Privacy Notice.

DSC’s Materials

All materials included on the Platform, such as images, graphics, reports, and the software powering the Platform (“Materials”), are the property of DSC or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws. DRIVER’S SEAT and other trademarks and logos that we use are trademarks of DSC. You may not use any of these trademarks without express written permission from DSC.

Limited License

So long as you comply with these Terms of Use, you may access and use the Platform, and view the Materials, for non-commercial purposes. You may download and print a reasonable number of the Materials, including reports from your account and copies of your Dashboard, for your personal use only. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions

Your right to use the Platform is conditioned on compliance with these Terms of Use and applicable laws. You may not (and you may not permit anyone else to):

Use any manual process or robot, spider, scraper, or other automated means to collect information from the Platform or from other Platform users;
Use the Materials or other data or information from the Platform for commercial purposes;
Mirror any Materials contained on the Platform or any DSC server or use framing techniques to enclose the Platform or any part of the Platform;
Circumvent any of the technical limitations of the Platform;
Interfere with or prevent access to the Platform by other users, or impose an unreasonable service request or usage load on our infrastructure;
Change or remove any copyright, trademark, or other proprietary notices on the Materials or Platform;
Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
Use any metatags or any other hidden text incorporating DSC’s name or trademarks in any online site or posting;
Solicit, trace or otherwise collect any information from users or visitors of the Platform;
Use the Platform for commercial activities such as contests or advertising; or
Create a database by downloading and storing the Materials.

Your Feedback

In the event that you submit any creative suggestions, proposals, or ideas about our services or Platform (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to DSC. Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.

Copyright Takedown Policy

DSC respects intellectual property rights. In accordance with the Digital Millennium Copyright If you believe in good faith that any content on the Platform infringes your copyright, then please contact us at support@driversseat.co and provide the following information:

A description of the copyrighted work that you believe has been infringed;
A description of what the allegedly infringing work is;
A description of the location where the allegedly infringing work is located on the Platform;
An address and telephone number where you can be contacted, including an email address if possible;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.

Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and DSC may be recorded.

Termination

If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the Platform, and investigate suspected violations of these Terms of Use.

Warranty Disclaimer

THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.

Limitation of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.

IN NO EVENT WILL DSC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR MATERIALS EXCEED $500.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between DSC and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend and indemnify DSC, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform.

Arbitration Agreement and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with DSC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that DSC and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and DSC each retain the right to: (i) bring an individual action in small claims court and (ii ) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to support@driversseat.co or a letter to 2140 North Prospect Avenue, Milwaukee, Wisconsin 53202 within 30 days after the date you first agree to these Terms of Use. If you don’t provide DSC with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DSC will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction .

Changes to the Terms of Use

We expect DSC and the Platform to grow and evolve over time. Accordingly, we have the right to change the Terms of Use at any time. If we change the Terms of Use, we’ll let you know either by posting the modified Terms of Use on our Platform or by communicating with you directly. Your continued use of the Platform will be considered your acceptance to the revised Terms of Use. Because we constantly improve the Platform, we may change or discontinue any part of the Platform, at any time and without notice.

Miscellaneous

Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by DSC without restriction.
Limitations on Claims. Any cause of action or claim you may have with respect to DSC or the Platform (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.
No Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.
Entire Agreement. These Terms of Use and the Privacy Notice constitute the entire agreement between you and us and govern your use of the Platform. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Contact Information

We would love to hear from you. You may contact us at info@driversseat.co with any questions about the Platform or our products.