The Envision Web-based driver platform (“Driver Portal”), including all information accessed through it or related to it (“Portal Materials” and, with the Driver Portal, the “Driver Services”), is a service made available by Data Driven Safety, LLC (“Data Driven Safety”, “DDS”, “we”,  “our”, or “us”) to you as a result of an arrangement between your employer (“Employer”) and DDS. Your use of the Driver Services is subject to the terms and conditions of use (“Terms”) in effect on the date you access or use the Services. Please read the Terms in full before accessing the Driver Services.  By using the Driver Services, you agree to be legally bound by these Terms.  Should you object to any portion of these Terms, or to any subsequent modification(s) thereto, your only recourse or remedy is to immediately discontinue use of the Driver Services and notify your Employer.

Limited Use

Your right to access, display and use the Driver Services is conditioned on your strict compliance with these Terms. You should expect DDS to terminate your access to the Driver Services upon learning that your conduct related to the Driver Services was unlawful, inconsistent with, or in violation of the letter or spirit of these Terms. In addition, DDS may terminate your access to the Driver Services at any time and for any reason without notice. DDS shall not be liable to you or any third party claiming by or through you for termination of the Driver Services, regardless of the reason for termination.

License

Except for a limited, revocable, non-transferable (with no right to sub-license), personal license to use the Services within the United States solely in a manner consistent with the policies of DDS (as such may be published by DDS from time to time), you shall have no express or implied right to use, disclose, publish, distribute, display, disseminate or otherwise make available to any other person or entity any portion of the Driver Services. All right, title and interest in and to the Driver Services is, as between the parties hereto, owned exclusively by DDS. You hereby grant DDS unfettered and exclusive rights to use and/or incorporate any suggestions made by you to the Driver Services. This license shall terminate automatically upon the termination of your access to the Driver Services or, if sooner, the cancellation of the Driver Services by Employer. Upon termination, all Portal Materials in your possession or under your control, directly or indirectly, shall be returned to Employer.

Registration and Account Information

Certain sections of this Driver Portal require you to register and supply information and/or confirm the accuracy of previously supplied information. By registering, you agree to provide accurate and complete information and to promptly inform DDS through the Driver Portal and your Employer of any changes to that information by updating your profile at https://envision.datadrivensafety.com or by such other means as may be approved by your Employer. You are responsible for maintaining the confidentiality of your Driver Portal account and limiting access to the DDS Services in the manner required herein and to any additional restrictions issued by Employer. You agree to accept responsibility for all activities that occur under your account or password due to your failure to exercise due caution or reasonable prudence in protecting your Driver Portal access information. You agree to promptly notify DDS and Employer if you believe there has been unauthorized use of the Driver Portal or unauthorized dissemination of your Driver Portal information. The Privacy and Data Security Policy in effect on the Driver Portal, as such may be modified from time to time, is hereby incorporated by reference.

Certain Restrictions

Your use of the Driver Services shall be in compliance with all applicable laws, rules, regulations, orders and decrees. At no time shall you take any action or allow any action to be taken, directly or indirectly, that causes (or is likely to cause or permit): (i) access, content, displays or functionality of the Driver Services to be altered or modified in any manner; (ii) the use, copy, disclosure, dissemination, reselling or unauthorized exploitation of any aspect of the Driver Services for your commercial gain or to the detriment of DDS or Employer; and (iii) any equipment or process to be used to determine the site architecture, extract information about usage, users, or to obtain code, underlying ideas, algorithms, logic structure or organizational information from the Driver Services.

Certain Limitations

DDS may at any time and without notice, add, delete or otherwise modify the content, organization, format, frequency or timing of the Driver Services made available to you. The data (“Source Data”) collected from third parties, including law enforcement and judicial agencies (“Sources”) is prepared by people and organizations that are not under the supervision of DDS. The Source Data may contain errors and omissions and there may be errors, redundancies or failures in its timely delivery.

You acknowledge and agree that the scope, accuracy, quality and timeliness of the Source Data is dictated by the Sources and is, therefore, beyond the control of DDS. Source Data will contain information related to incidents that have not been adjudicated or for events that did not result in a conviction. You agree to assert no claim against DDS (and its officers, employers, agents directors and contractors) and hereby waive liability against all such persons and entities for any inaccurate, incomplete, untimely, redundant or false information included in any Driver Services (or any derivative thereof). Any third-party services or goods made available to you by DDS shall be offered without warranty, representation or liability. To that end, DDS shall incur no liability to you or anyone else as a result of your use or non-use of such third-party services or goods.

No Warranties or Representations

All Driver Services provided by DDS, including all notifications and training materials are strictly provided on an “AS-IS” and “AS-AVAILABLE” basis and all warranties (whether express or implied, including the implied warranties of correctness, comprehensiveness, accuracy, timeliness, merchantability and fitness for a particular purpose) are disclaimed by DDS. For the sake of clarity, no warranty or representation is made that the Driver Portal will operate uninterrupted or error-free. You agree that your use of the Driver Services is at your sole risk.

Indemnification and Limitation of Liability

You agree to indemnify, defend, and hold DDS and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you. DDS shall in no event be liable to you or any third party claiming through you for the content, lack of content, accuracy, accessibility or timeliness (or the lack thereof) of the Driver Services. If, notwithstanding the foregoing, liability can be imposed on DDS by a court of competent jurisdiction, then you agree that the total aggregate liability for any and all losses or injuries arising out of any act or omission of DDS in connection with anything done, to be done or furnished under these Terms, regardless of the cause of the action, loss or injury (including negligence) shall not exceed the fees paid for your access to the Driver Services by Employer. In no event, shall DDS be liable for any damages of any kind arising from the use of the Driver Services, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages.

Miscellaneous

The Driver Services, including all legal statements and materials, are not intended to be and shall not be used as legal advice. No attorney-client relationship is formed by your use of the Driver Services. We will communicate with you by email (through the information provided to us by you or Employer) and/or via phone and/or by posting notices on this Driver Portal. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

A summary of your major rights under the Fair Credit Reporting Act is available at www.ftc.gov/credit or by writing to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580. These Terms and any disputes or controversies arising hereunder will be governed by and construed according to the laws of the State of North Carolina, without regard to its conflict of laws principles. If any portion of these Terms is held to be invalid or unenforceable under any law or rule, such portion shall be deemed reformed or deleted, to the minimum extent necessary to comply with such law or rule, and the remaining provisions of these Terms shall remain in full force and effect. No waiver of any provision hereunder by DDS shall affect the ability of DDS to enforce these Terms thereafter. The portions of these Terms that, by their nature, are designed to survive the termination of this binding contract shall continue in full force and effect beyond the date of such termination. These Terms constitute the entire agreement between you and DDS and supersede all previous communications, representations, or agreements, either oral or written. No understanding limiting, varying or expanding these Terms will be binding upon either you or DDS unless it is a signed writing executed by an officer of DDS.

Last Updated: July 2018