Terms of Service
1. ACCEPTANCE OF TERMS
This service is owned and operated by Dollar Driver Club, Inc. (“Dollar Driver Club”). Dollar Driver Club permits access to and use of the Dollar Driver Club service, including the website at https://www.dollardriverclub.com/, any related Mobile Apps (as defined below), and any memberships or other products or services made available thereon (collectively, the “Service”), subject to the terms and conditions in this Terms of Service (“TOS”). Dollar Driver Club may, at its discretion, update the TOS at any time. You can access and review the most current version of the TOS at the URL for this page or by clicking on the “Terms of Service” link within the Service or as otherwise made available by Dollar Driver Club.
PLEASE REVIEW THE TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TOS, YOU MAY NOT ACCESS OR USE THE SERVICE.
THE TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you are: (a) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (b) of legal age to form a binding contract; and (c) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.
3.Grant of Rights
(a)Dollar Driver Club grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service.
(b)To the extent that the Service provides access to any online software, applications or other similar components, Dollar Driver Club grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the online platform provided by Dollar Driver Club.
(c)Dollar Driver Club may make available mobile apps for access to and use of certain components of the Service (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to the applicable end user license agreement for each app.
(d)All rights granted to you under this TOS, and all memberships and other products and services made available to you through the Service, are subject to your compliance with the TOS in all material respects and may only be exercised and used by you for your personal, non-commercial purposes. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Dollar Driver Club.
(a)You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dollar Driver Club reasonably suspects that you have done so, Dollar Driver Club may suspend or terminate your account.
(b)You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Dollar Driver Club immediately of any unauthorized use of your account or password or any other similar breach of security.
(c)If your account remains inactive for three months or longer, Dollar Driver Club reserves the right to suspend or terminate your account, with or without notice to you, and delete your Content (as defined in Section 6(a)), all without liability to you.
(i)Dollar Driver Club provides golf drivers and other golf equipment (“Equipment”) to end-user customers who purchase monthly memberships to receive the Equipment (“Memberships”).
(ii)You may not purchase Memberships for further distribution or resale or for any other commercial or business purpose. Memberships and all rights and privileges conferred under the TOS are personal and non-transferable.
(i)Pricing and other applicable terms for Memberships will be as posted within the Service on the date you sign up for the applicable Membership (“Membership Terms”). Dollar Driver Club reserves the right to change Membership Terms at any time and does not provide price protection or refunds in the event of promotions or price decreases, provided that Dollar Driver Club will not change Membership Terms during the first 12 billing cycles of a Membership in any manner that materially increases your obligations or diminishes your rights without your consent.
(ii)Any and all amounts payable by you under the TOS are exclusive of any sales, use, value-added, excise or other similar taxes (collectively, “Taxes”). You are solely responsible for paying all applicable Taxes. If Dollar Driver Club has the legal obligation to collect any Taxes, you shall reimburse Dollar Driver Club upon invoice.
(iv)You will pay all fees charged to your account based on Dollar Driver Club’s fees, charges, and billing terms in accordance with the Membership Terms. You are also responsible for paying any Taxes and shipping and handling fees that may apply to your purchase of Equipment or Memberships, and you authorize Dollar Driver Club or its third-party payment processing services provider to charge your payment method for any such Taxes and fees. All sales and payments will be in US dollars, unless otherwise specified by Dollar Driver Club.
(v)Dollar Driver Club and its third-party payment services providers may receive updated payment method information from your credit card or other payment method issuer at the election of your credit card and payment method issuer. Neither Dollar Driver Club nor its third-party payment services providers are responsible for such release of your credit card or payment method information. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regard to your right to opt out of the update service.
(c)Initial Sign-Up and Commitment. Unless otherwise specified in the Membership Terms, the following terms and conditions apply upon your initial sign-up for a Membership: (i) you commit to a Membership term that is non-cancellable within the first 365 days; and (ii) Dollar Driver Club will immediately charge you the payment for the first 30-day billing cycle of the Membership and continue to charge you the applicable Membership fee every 30 days thereafter until you cancel the Membership.
(d)New Drivers. If your Membership covers a driver: (i) you are eligible to trade in your existing driver for a new driver up to a total of three drivers in one year (“Trade-In Date”); When you place an order for a new driver, Dollar Driver Club will provide you with a return shipping label for your existing driver. You must appropriately package your existing driver for shipping, using the provided return shipping label, and deliver the driver to the designated carrier within 14 days after Dollar Driver Club provides you with the return shipping label. Otherwise, you: (1) will be responsible for the cost of return shipping of your existing driver; and (2) may incur an additional Membership for the new driver, subject to a separate Membership for the new driver that is non-cancellable while continuing to be charged for the Membership covering your existing driver.
(e)Condition of Drivers. Drivers must be returned in the same condition received, subject to reasonable wear and tear from normal use. You are solely responsible for any loss or damage to any Equipment within your custody.
(f) Failure to Pay. If you do not pay on time or if your payment method cannot be charged for any reason, you will have a 30-day grace period to pay all outstanding amounts. If you do not pay all outstanding amounts within such grace period, Dollar Driver Club may initiate collections efforts against you at your expense and charge you the full retail price for each driver covered by a Membership, plus any collection expenses incurred by Dollar Driver Club, minus aggregate fees paid by you under such Membership.
(g) Cancellation. Each Membership will automatically renew for successive 30-day terms. Until you cancel your Membership, you will continue to incur Membership fees until you cancel the Membership, and Dollar Driver Club will continue to charge your payment method for all applicable Membership fees. You may cancel a Membership by following the instructions for cancellation within the Service.
(h)Ownership of Equipment. Any Equipment that Dollar Driver Club provides to you pursuant to a Membership is provided to you for temporary use during the term of the Membership. Dollar Driver Club retains all rights, title and interest in such Equipment, and you may not: (i) rent, lease or sell the Equipment or otherwise provide access to the Equipment as part of a service bureau or similar fee-for-service purpose; or (ii) subject the Equipment to any lien, pledge, charge, claim, mortgage or security interest.
6.RESPONSIBILITY FOR CONTENT
(a)You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Dollar Driver Club, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Dollar Driver Club, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
(b)You acknowledge and agree that Dollar Driver Club has no obligation to pre-screen Content (including Your Content and User Content), although Dollar Driver Club reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, Dollar Driver Club shall have the right to remove any Content that violates the TOS or that it deems objectionable.
(c)To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOS with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party.
7. RIGHTS TO CONTENT
(a) Dollar Driver Club does not claim ownership of Your Content. However, you hereby grant Dollar Driver Club and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide the Service or as otherwise permitted by law. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b)Except with respect to Your Content, you acknowledge and agree that, as between you and Dollar Driver Club, Dollar Driver Club owns all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. Dollar Driver Club reserves all rights not expressly granted to you.
(c)Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOS; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Dollar Driver Club; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.
8. User CONDUCT
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
(b) impersonate any person or entity, including Dollar Driver Club personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c)forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d)act in a manner that negatively affects the ability of other users to access or use the Service;
(e)take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f)interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service; substantially download, reproduce or archive any portion of the Service;
(h)sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including your user account and password; or
(i)violate any applicable local, state, provincial, federal or international law or regulation.
If you elect to provide or make available to Dollar Driver Club any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), you hereby grant Dollar Driver Club and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made your Suggestions (in any form and any medium, whether now known or later developed), without credit or compensation to you.
10.DEALINGS WITH ADvertisers and Other Third Parties
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that Dollar Driver Club shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.
11.LINKS and External Materials
12.MODIFICATIONS TO The Service
Subject to Section 5(b)(i), Dollar Driver Club reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or without notice, and Dollar Driver Club shall not be liable to you or any third party for any such modification or discontinuance.
You shall indemnify, defend and hold Dollar Driver Club and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Dollar Driver Club Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of: (a) Your Content; (b) your violation of the TOU, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Service.
14.DISCLAIMER OF WARRANTIES
(a)YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLLAR DRIVER CLUB PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b)DOLLAR DRIVER CLUB PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
(c)ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.
15.LIMITATION OF LIABILITY
(a)DOLLAR DRIVER CLUB PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF DOLLAR DRIVER CLUB PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL DOLLAR DRIVER CLUB PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO DOLLAR DRIVER CLUB FOR ACCESS TO THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
(b)CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16.Suspension and TERMINATION
(a) If you violate the TOS, Dollar Driver Club may, with or without notice to you, immediately suspend your access to the Service, and such suspension shall remain in effect until you have remedied all violations. You will not be entitled to any refund with respect to any period of suspension.
(b)With respect to your access to portions of the Service that do not require a Membership, if you violate the TOS, all rights granted to you under the TOS will terminate immediately, with or without notice to you.
(c)A Membership may be terminated by either party upon a material breach of the TOS by the other party if such breach is not cured within ten (10) days after written notice to the other party of such breach.
(d) Upon termination of the TOS or any Membership for any reason: (i) Dollar Driver Club, in its sole discretion, may remove and discard Your Content; and (ii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS or any Membership shall survive such expiration or termination.
The TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOS.
18.Binding arbitration and class action waiver
(a)ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THE TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b)The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c)WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d)Notwithstanding anything to the contrary, you and Dollar Driver Club may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 18.
(e)If Dollar Driver Club implements any material change to this Section 18, such change shall not apply to any claim for which you provided written notice to Dollar Driver Club before the implementation of the change.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
20.U.S. Government Entities
This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TOS with respect to the such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to the TOS.
22.Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Dollar Driver Club’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Dollar Driver Club’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
12600 Hill Country Blvd Suite R-275 Bee Cave, Tx 78738
23. California Users & Residents
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.