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.
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.
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.
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
6. 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
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 dealers are licensed through the Arizona Department of Transportation and 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.
Counseling services providers may be subject to certain state privacy, reporting, and disclosure requirements, including rules set forth by the Arizona Department of Health Services 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 MVD and Arizona department of transportation. 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.
Authorized Third Party Providers
MVD may limit the charges an authorized third party provider may assess as well as limit the services they perform. For information specific to MVD authorized third party providers consult such provider or MVD 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 Arizona Chapter of the National Safety Council. 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 MVD 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 MVD nor can any agent of a TSS provider guarantee any status of your driving privileges or speak on behalf of MVD.
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:
MyDUISolution Copyright Agent
Attn: Bill Greene
15955 N Dial Blvd.
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.
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, 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 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, 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. 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.
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 March 15, 2017