Terms of Service
DOLLAR DRIVER CLUB TERMS OF SERVICE
Last Updated: July 12, 2023
1. Your Acceptance
Welcome to the Terms of Service for Dollar Driver Club. This is an agreement (“Agreement”) between Dollar Driver Club, LLC (“Dollar Driver Club"), the owner and operator of the www.dollardriverclub.com, website and any other Dollar Driver Club branded sites along with any products sold or services offered via the website (collectively the “Site”) and you (“you”, “your”, or “user(s)”), a user of the Site.
PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS CONTAINED IN THIS AGREEMENT.
Throughout this Agreement, the words “Dollar Driver Club,” “us,” “we,” and “our,” refer to our company, Dollar Driver Club, as is appropriate in the context of the use of the words.
2. Information Submission
The Site and any related services provided are owned and operated by Dollar Driver Club including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software and all other content or any description available on the Site or available via a link from Site to a page created by Dollar Driver Club on another website (collectively, the “Dollar Driver Club Content”). The Dollar Driver Club Content is the sole property of Dollar Driver Club and/or its licensors. All Dollar Driver Club Content is protected by US and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Any information found on the Site or any products is for general informational and educational purposes only and is not an endorsement of any kind. Do not take any actions or refrain from taking actions based on any information found on the Site. Use of the Dollar Driver Club Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Dollar Driver Club is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Dollar Driver Club Content.
5. Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, intellectual property, legal, or other reasons.
6. Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Dollar Driver Club. Dollar Driver Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Dollar Driver Club will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly release Dollar Driver Club from any and all liability arising from your use of any third-party website.
7. Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Dollar Driver Club responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Dollar Driver Club;
- You may only use the Site for personal and non-commercial purposes;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion, be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Dollar Driver Club reserves the right to suspend or terminate your access at any time without notice or explanation.
8. Intellectual Property
The name “Dollar Driver Club,” the design of the Dollar Driver Club Site along with Dollar Driver Club created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to Dollar Driver Club. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Dollar Driver Club reserves all rights to the Marks not expressly granted.
9. User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Dollar Driver Club does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Dollar Driver Club, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Site.
Dollar Driver Club may allow users to purchase subscriptions to access additional Site functionality. After properly subscribing to the Site, we shall grant you a personal, non-transferable, non-assignable, limited, fully revocable right to access the subscribed portions of the Site as permitted by us and in accordance with this Agreement. We reserve the right to modify, alter, or remove any portions of the subscribed Site at any time and your subscription does not entitle you to any additional rights (except those stated above) related to our Site or services offered. All rights not explicitly granted are reserved for Dollar Driver Club.
11. Subscription Payments
User agrees to pay for all costs, fees, and taxes listed when subscribing to the Site including any recurring subscription fees. User agrees to timely pay for any and all fees charged. Where Dollar Driver Club uses a third party payment processor, User must agree to our third party payment processors’ terms and conditions for processing payments. Where a User has subscribed to the Site, User’s payment information shall be logged for User’s convenience. IF USER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, DOLLAR DRIVER CLUB MAY CHARGE USER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS USER NOTIFIES US THAT USER WANTS TO CANCEL USER’S AUTOMATIC PAYMENT VIA USER’S ACCOUNT DASHBOARD. ADDITIONALLY, USER AUTHORIZES US TO BILL USER ON A RECURRING BASIS AND AGREES THAT USER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS USER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. USER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY USER TO CHARGE USER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
12. Termination of Subscription
Please be aware that upon termination of your subscription portions of the Site may become immediately inaccessible. If you are currently using the Rental Services (defined below) you may not terminate your subscription until after the Rental Services Term (defined below) has ended or you have returned or purchased the Rental Item (defined below). All subscription fees are non-refundable. To terminate your subscription, please contact our team at email@example.com
13. Orders and Payment
Dollar Driver Club may allow you to purchase items through our Site. When making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge the full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice. All prices are listed in US dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current.
14. Order Acceptance
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation, we may cancel your order without penalty. We reserve the right to refuse shipments of products to you and to cancel any orders for any reason at any time. Orders need time to process and prepare for shipping; however, please be aware that some purchases may take additional processing time.
15. Refunds or Warranty on Purchased Items
All purchased product sales are final. No refunds nor warranties shall be provided as all products sold are sold “as-is” and as available basis.
Where Dollar Driver Club does not charge you taxes for any payments, you agree to pay any and all applicable taxes and provide us with any requested verification for such tax payments made by you. Although no taxes may be collected by us, you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
If we believe that you have participated in a fraudulent chargeback, we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
18. Credit Card Declines
Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
At checkout you may be able to select from multiple shipping options. Shipping is generally available as listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. As we do not transport the products, we cannot guarantee shipping times. Depending on the shipping location, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. Before we can ship your order, Dollar Driver Club must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier.
20. Rental Services
Dollar Driver Club may provide customizable golf drivers or other golf paraphernalia and/or equipment for rent (“Rental Item(s)”) for rent (the “Rental Services”) via the Site. A subscription to the Site is required at all times while you are using the Rental Services and each subscription may only rent one Rental Item per account. Dollar Driver Club may cease, modify, change, or suspend any Rental Services including adding or removing any items from our rental inventory at any time in our sole and absolute discretion. New features or items for any Rental Services offered will also be subject to this Agreement. A listing of items and fees for our Rental Services can be found on our Site. Please be aware that all Rental Services are subject to availability. You agree that we may charge the full amount listed at checkout to your credit card or other payment method listed including taxes and other fees for any Rental Services purchased. To terminate any Rental Services please contact our team at firstname.lastname@example.org.
21. Charges for Rental Service
In order to use the Rental Services you shall required to make a one time or recurring payment for such Rental Item (collectively a “Rental Charge”). The Rental Charge and the duration of your rental (“Rental Term”) shall be stated at the time of checkout. For an itemized list of Rental Item purchase costs please contact us. You explicitly authorize Dollar Driver Club to charge your credit card for the Rental Charge amount and agree that any credit card Rental Charge information may be saved for future use. Please be aware that all Rental Items are owned by Dollar Driver Club and you are merely renting such Rental Item for the Rental Term. You do not receive any ownership in any Rental Item unless you purchase such Rental Item from Dollar Driver Club. In order to use the Rental Services or to rent any Rental Items a subscription to our Site must be maintained at all times during the Rental Services Term.
22. Rental Services Shipping
Where you purchase any Rental Services at checkout you may be able to select from multiple shipping options. Shipping is generally available as listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. -Depending on the shipping location, you may be issued a tracking number that allows you to check the status of your Rental Items; however, not all shipments will include tracking numbers. Before we can ship your Rental Items, Dollar Driver Club must prepare your Rental Items and ensure quality control. Upon receipt of your Rental Items please inspect the items and contact us (email@example.com) immediately if you discover any damage to any Rental Items. Please keep all packaging that is delivered with the Rental Items.
23. Rental Services Returns and Loss
Upon termination of the Rental Term, please timely return all Rental Items rented via the Rental Services. Failure to timely return any Rental Items may subject you to late fees. Rental Items must be packaged in their original packaging and returned via the return shipping labels provided by us. You may elect to purchase additional shipping insurance as we shall not be responsible for any damage incurred during return shipping of the Rental Items. Failure to return any Rental Items shall result if the full charge for any Rental Item not returned, which you have authorized through providing us your credit card information.
24. Rental Items Warranty
For any Rental Items rented via the Rental Services a manufacturers warranty shall be provided for such Rental Items. Dollar Driver Club does not offer any additional warranties related to any Rental Items.
Upon receipt of the returned Rental Items, Dollar Driver Club shall inspect such Rental Items for damage. Only normal wear and tear is allowed for ay Rental Items, any additional damages deemed excessive or outside of normal wear and tear shall be billed to you at our discretion. Where any damage has occurred to a Rental Item the replacement costs for the damaged Rental Item shall be charged to your payment method on file and you explicitly pre-authorize us to charge you for such damages. Where the damage for any Rental Items exceeds the Rental Charge amounts you explicitly authorize Dollar Driver Club to charge your credit card on file for the excess damage amounts incurred. Dollar Driver Club shall provide you an itemized receipt of damages.
26. Rental Purchase To Own
Some Rental Items may be purchased during the use of the Rental Services by you. After or during the Rental Term you may purchase the Rental Item for the total purchase amount as stated within your account on the Site. If you wish to purchase such Rental Item please follow the instructions on the Site or contact us firstname.lastname@example.org. Ownership of any Rental Item is not transferred to you until the total purchase price including taxes of the Rental Item is paid in full by you.
27. Product Issues, Availability, and Pricing
It is possible that some of the products listed (including Rental Items) on our Site may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Although we try to keep all products on our Site available and on hand, there may be times where such products or specific sizes or colors, are unavailable.
We attempt to have updated pricing on our Site. However, as many products are listed and as prices may consistently change, we cannot guarantee that any price displayed is the correct price for any of the products listed on our Site. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.
28. Product Photos and Sizing
Please be aware that all photos of any products on the Site are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not exactly match the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact.
29. Limitation of Liability; Representations and Warranties
USE OF THIS SITE INCLUDING ANY SERVICES PROVIDED, THE DOLLAR DRIVER CLUB CONTENT, AND ALL PRODUCTS AND ITEMS PURCHASED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE SITE, ANY SERVICES, AND ALL PRODUCTS SOLD ON THE SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
A. DOLLAR DRIVER CLUB DOES NOT WARRANT THAT THE SITE, ANY SERVICES OFFERED, OR ANY PRODUCTS OR ITEMS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, OUR SERVICES, AND OUR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOLLAR DRIVER CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE SPENT ON YOUR PURCHASES VIA THE SITE OR ONE HUNDRED US DOLLARS ($100 USD), WHICHEVER IS GREATER. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Dollar Driver Club’ negligence or that of any of its officers, directors, agents, affiliates, or employees; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY DOLLAR DRIVER CLUB CONTENT, OUR SERVICES, AND PRODUCTS SOLD, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US.
You agree to defend, indemnify, and hold harmless Dollar Driver Club, its officers, directors, agents, affiliates, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- Your use of any Dollar Driver Club products and services including Rental Services and Rental Items;
- Your violation of any term of this Agreement; and
- Your use of the Dollar Driver Club Site.
This defense and indemnification obligation will survive the termination or expiration of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name;
- The name of the party whose copyright has been infringed, if different from your name;
- The name and description of the work that is being infringed;
- The location on our website of the infringing copy;
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Dollar Driver Club, LLC, 5004 Bee Creek Rd., Spicewood, TX 78669 or via email: email@example.com. All counter notices may be sent in the same fashion.
33. Choice of Law
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Dollar Driver Club or the Site arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Austin, TX or at such other location as may be mutually agreed upon by you and Dollar Driver Club; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Dollar Driver Club ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Dollar Driver Club shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org.
35. Arbitration Opt Out
You may opt-out of this dispute resolution provision by notifying Dollar Driver Club within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Dollar Driver Club, LLC, 5004 Bee Creek Rd., Spicewood, TX 78669, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Dollar Driver Club through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Travis County, TX.
36. Class Action Waiver
You and Dollar Driver Club agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
37. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Dollar Driver Club are deemed to conflict with each other’s operation, you agree that Dollar Driver Club shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, payment, obligations to return Renal Items, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
You may terminate this Agreement by notifying us at firstname.lastname@example.org; however upon termination you shall be responsible for returning all rental clubs and any payments outstanding shall become immediately due. We may terminate your access to the Site or this Agreement if we determine that: (1) you have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) if we believe that any of your actions may harm the Dollar Driver Club Site or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
All users who access the Site must be thirteen (13) years of age or older. In order to purchase anything from the Site you must be eighteen (18) years of age or older.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
45. Electronic Communications
The communications between you and Dollar Driver Club use electronic means, whether you visit the Site or send Dollar Driver Club e-mails, or whether Dollar Driver Club posts notices on the Site or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from Dollar Driver Club in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Dollar Driver Club provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
46. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Dollar Driver Club must be sent to: Dollar Driver Club, LLC, 5004 Bee Creek Rd., Spicewood, TX 78669 or email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.