2. Using our Website.
This Website is a place to come and read information and find potential providers of services related to the DUI industry. “DUI” generally means driving under the influence, as may be defined by applicable state rules, and may also include driving while impaired, driving while intoxicated, or other similar classifications. Any services you obtain are between you and the respective third party provider, not MyDUISolution. Information obtained from a respective provider belongs to that provider. Use of such information outside of the general information purposes on our Website is strictly between you and that provider, not you and MyDUISolution. You may use our Website only if you can form a binding contract with MyDUISolution to agree to these terms and conditions. No use of the Website is permitted by those under the age of majority in their state of residence, which is generally the age of 18. In no event is use of the Website permitted by those under the age of 13. If you are using the Website on behalf of any entity, then you are agreeing to the Terms on behalf of that entity. Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. Except in the context of browsing or accessing our Website in accordance with these Terms, you may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Website. Do not remove, obscure, or alter any legal notices displayed in or along with our Website. You may use our Website only as permitted by applicable law.
3. Information on the Services.
Our Website displays both MyDUISolution created content and content that is not developed by MyDUISolution, which includes third party content (“Content”). We may, but are not obligated to, review third party Content to determine whether it is illegal or violates our policies. We may remove or refuse to display any content that we reasonably believe violates our policies or the law. However, we cannot and do not review all Content published through our Website and therefore cannot guarantee the accuracy, truthfulness or completeness of any Content or the qualifications of persons posting such Content. It is your responsibility to know if you are obligated to obtain certain services through court order or as required by the motor vehicle division. We have no access to your personal records outside of what information you provide us and do not verify the accuracy or completeness of any information you may provide us. Please contact the court or motor vehicle division, as applicable, about any specific requirements for your individual situation.
We may also provide general information to users to facilitate continued research based on a user’s specific needs, however, we are not a direct provider of services or a substitute for a direct provider of services which you may need, nor can we tell you ultimately what services you need specific to your individual situation. Third party Content is for general informational purposes only and does not constitute a recommendation or solicitation for any provider of third party Content. You acknowledge and agree that the third party Content is not created or endorsed by the Website, nor is any business offering, products or services made through third party Content and we disclaim any responsibility for third party Content. We are not responsible for any third party Content that may be accessed via our Website. Any website you visit by a link from our Website, and related third party Content, is solely the responsibility of the vendor, merchant, or other party providing the linked website or third party Content. You acknowledge that no guarantees are made by us or the Website as to third party Content accuracy, completeness, or timeliness. Any transactions that you enter into with a vendor, merchant or other party listed in this Website or linked from this Website are solely between you and such other party. You agree not to hold the Website liable for any decision or other transaction You may make based on my reliance on or use of any information made available by the Website or through the Website, or for any liability that may arise due to delays or interruptions in the delivery of the Website or the third party Content for any reason.
4. Rating System.
Ratings for providers on our Website reflect ratings gathered through third parties such as Yelp or Google and may be subject to further restrictions by them. Ratings may also be based on information obtained by us or submitted to us by others, including you and other Website users. Another person’s assessment of the same provider may be very different than what is on our Website, or based on different information. Any Ratings on our Website may change and we are not responsible for those changes. A rating on our Website is not an endorsement of any particular provider and is not a guarantee of a provider’s competency or ability to successfully provide services. We do not make any predictions about any outcomes of any matter that a third party provider assists you with, if any, nor do we offer you any specific advice based on your needs as our Website is for your general information and to allow you to find multiple different potential providers that you independently determine may meet your specific needs. Website ratings are intended as a way for users to gather information as a starting point about various providers’ offered services and experiences of other users through one location. You are highly encouraged to seek information from other sources when making an informed decision about a provider you may choose.
5. Advertising & Communications.
It is solely the responsibility of providers to ensure that any information or advertisements, as applicable, they post or place on the MyDUISolution website (including without limitation any Content), and any communications they may have with prospective clients through the Website, fully complies with all applicable laws and rules of professional conduct or otherwise as applicable to each such provider. The Website may offer calendaring services as a convenience from time to time and We cannot guarantee the accuracy or availability of such services.
6. User Posted Content & Other Interactive Services or Areas.
MyDUISolution includes interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, and other materials (“User Content”). You own all rights to and are solely responsible for, the User Content you post to MyDUISolution. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with any applicable MyDUISolution Community Guidelines. We reserve the right to remove or modify User Content for any reason, including without limitation User Content that we believe violates these Terms or our policies. When you post User Content to MyDUISolution, you give MyDUISolution and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Website, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Website, we may or may not use it without any obligation to you.
7. No Automatic Formation of a Relationship between Users and Providers.
Provider Type Disclaimer Information
Attorney – To the extent MyDUISolution includes providers that are attorneys; the provision of related Content is not the provision of legal services to you. Accessing such information, or corresponding with or asking questions to an attorney via the Website, or otherwise using the Website, does not create an attorney-client relationship between you and MyDUISolution, or you and any lawyer. MyDUISolution does not offer legal advice, only general information regarding the overall legal process as it relates to matters such as driving under the influence or driving while intoxicated and potential providers who you may desire to contact for further information or representation. Content provided on our Website is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such Content. You understand that questions and answers or other postings to the Website are not confidential and are not subject to attorney-client privilege.
Automobile Dealer – If you reside in a state where automobile dealers are licensed through a state agency or your state law otherwise requires, automobile dealers may be subject to specific disclosure requirements regarding their business and sale of products to consumers.
Bail Bond Agents – Bail bond agents are subject to strict requirements regarding annual certification, ability to advertise, and other practices. For example, no bail bond agent can suggest or recommend an attorney to one of its clients. Nor can a bail bond agent solicit business in or around a place where prisoners are confined or in or around a courthouse. Information for bail bond agents are general information only and are not to be construed as any bail bond agent holding themselves out as a civil surety company. No bail bond agent can receive notification of anything other than a request for information generated by you. We will not provide information directly to a bail bond agent regarding the occurrence of any criminal complaints, the occurrence of an arrest, whether or not an arrest of a person is pending or contemplated
Counselor – Counseling services providers may be subject to certain state privacy, reporting, and disclosure requirements, including rules set forth by the state agency that oversees applicable counseling services in the state in which services are sought, as applicable, from time to time for court ordered programs and other related programs. No portion of any fees charged for services by a counseling provider on a sliding fee basis, if applicable, are attributed to any services received by you or a third party provider from the Website or us and we do not receive any portion of fees you pay to a provider for their services.
Financial Service Provider – Third party financial service providers or certain services they offer may or may not be FDIC insured. Providers may be subject to federal regulations such as those set forth by FINRA or SPIC and may also have lending and disclosure requirements. Any fees charged to the financial service provider for having a listing on our Website may be disclosed to you by them if you engage them for services and they are required to do so.
Home Detention/Alcohol Monitoring – Home detention and alcohol monitoring programs vary from city to city and county to county. Programs may be administered through the court or another state agency depending on where you are cited for an infraction. You should contact the applicable court to determine eligibility for program participation and information regarding entry of a home detention order before contacting a provider.
Ignition Interlock Provider – Third party ignition interlock providers are monitored and regulated by the state motor vehicle department or division and state department of transportation, as applicable, for the state in which you are a licensed driver. General information about ignition interlocks is not intended as a solicitation to users who may not be required to obtain an interlock device. It is your responsibility to know what the court or motor vehicle division is requiring of you for your specific situation.
Motor Vehicle Department Authorized Third Party Providers – Your state agency in charge of driver’s licenses within the state you are licensed, such as the motor vehicle department may limit the charges an authorized third party provider may assess as well as limit the services they perform. For information specific to an authorized third party providers consult such provider or the state agency directly.
Towing Services/Vehicle Impound – Towing companies may be required to coordinate and share information with local police departments. They may also be subject to city or state related towing and storage cost requirements.
Transportation Service Provider and Transportation Network Companies – Transportation providers may be subject to pre-determined fare requirements and may be required to charge fees for services based on distance traveled or pre-arranged services. Transportation providers may not be able to honor specific quotes for as long as other providers in the event of a change to rules and regulations applicable to them.
Traffic Survival School (TSS) Administration – Any advertisement or general information made available by a TSS provider may be subject to pre-approval of the state chapter of the National Safety Council for the state in which you will receive services. Information for general purposes is not an advertisement. TSS cannot solicit any specific individual that is not assigned to complete a course offered by them. You may be required to certify that you are obligated to attend TSS by the state agency governing issuance and maintenance of your driver’s license or court order before using interactive portions of the Website for TSS providers. No information on the Website is to be interpreted as a TSS provider or us informing you in any fashion that you must take a TSS course. The MVD or court will inform you if you are required to attend TSS and you may inform us of the same in your discretion. TSS has no influence over any state motor vehicle department nor can any agent of a TSS provider guarantee any status of your driving privileges or speak on behalf of any state agency.
In all instances, MyDUISolution is simply the intermediary in transactions with providers on our Website. You are liable for paying the provider for the services provided. MyDUISolution has no liability, either primarily or secondarily. The fees you pay for such services are generally charged by the provider and passed through to the provider once services have been rendered, but may vary depending on the provider. Furthermore, you understand that MyDUISolution cannot be held responsible for the quality or accuracy of any information or services provided by providers you connect with via MyDUISolution.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Driver Alliance’s Designated Copyright Agent:
Attn: Copyright Agent
15955 North Dial Blvd., Ste.1B
Scottsdale, AZ 85260
9. Disclaimers & Acknowledgements Regarding Use of Content.
While MyDUISolution strives to provide, and to allow third party providers to provide, useful information regarding services, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Website, attempt to do so, or assist anyone in doing so. MyDUISolution is not a provider of financial, motor vehicle, traffic safety school, counseling, attorney advisement, transportation, surety, or of any other type of services aside from making general information available in a seamless, easy to access website interface.
MYDUISOLUTION DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MYDUISOLUTION AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR SOFTWARE. THE WEBSITE AND SOFTWARE ARE PROVIDED “AS IS.” MYDUISOLUTION ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Liability.
MYDUISOLUTION DOES NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR MYDUISOLUTION’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE WEBSITE. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYDUISOLUTION OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (REGARDLESS IF WARNED OF THE POTENTIAL FOR SUCH DAMAGES), OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE WEBSITE OR ANY SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CONTENT. TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF MYDUISOLUTION, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEBSITE, IS LIMITED TO THE GREATER OF $20 OR THE AMOUNT YOU PAID US TO USE THE WEBSITE TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM.
You agree to defend, indemnify and hold harmless MyDUISolution, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
MyDUISolution may revise these Terms from time to time, on a prospective basis for updates in laws, regulations, services or the Website in general, and we will always post the most up-to-date version on our Website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Website after any revisions have come into effect, you agree to be bound by the revised Terms.
13. Dispute Resolution.
MyDUISolution wants to address your concerns without the need for a formal legal case. Before filing a claim against MyDUISolution, you agree to try to resolve the dispute informally by contacting Help@MyDUISolution.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or MyDUISolutions may bring a formal proceeding.
You and MyDUISolution agree that any judicial proceeding to resolve claims relating to these Terms or the Website will be brought in the federal or state courts of Maricopa County, California, subject to the mandatory arbitration provisions below. Both you and MyDUISolution consent to venue and personal jurisdiction in such courts.
You and MyDUISolution agree to resolve any claims relating to these Terms or the Website through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
14. Arbitration Procedure.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Maricopa (AZ), or any other location we agree to. The AAA rules will govern payment of all arbitration fees. MyDUISolutions will pay all arbitration fees for consumer, individual arbitration for claims less than $15,000. In a consumer claim, we will not seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or MyDUISolution may assert claims, if they qualify, in small claims court in Maricopa (AZ) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona to resolve your claim.
15. Applicable Law; Venue.
The laws of the State of Arizona, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Website. All claims arising out of or relating to these Terms or the Website will be litigated exclusively in the state or federal courts located in Maricopa County, Arizona, and you and MyDUISolution consent to personal jurisdiction and exclusive venue in such courts.
16. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
Notwithstanding any of these Terms, MyDUISolution reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to and use of the Website. MyDUISolution reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Website for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Website, or any other data.
These Terms constitute the entire agreement between you and MyDUISolution with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights. MyDUISolution’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and, to the extent possible an enforceable provision will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. MyDUISolution may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Website.
Questions & Contact Information.
If you have any questions regarding the use of the Website, please refer first to the questions and answers or FAQs sections. All other questions or comments about the Website or its contents should be directed to Questions@MyDUISolution.com.
These Terms and Conditions were last updated January 22, 2019