North Fork Designated Driver

North Fork Designated Driver TERMS OF USE

Last Updated: February 8, 2023

Acceptance of the Terms of Use

North Fork Designated Driver Inc. (“North Fork Designated Driver”, “we”, “us”, or “our”) provides services, content and features related to hired driving services.  These terms of use are entered into by and between you (as a “user”) and North Fork Designated Driver. The following terms of use (“Terms of Use”) govern your access to and use of the website northforkdesignateddriver.com (the “Website”) , including any content, functionality, products and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with North Fork Designated Driver and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“North Fork Content”) are owned by North Fork Designated Driver, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You agree not to copy, download, modify, delete, remove, distort, sell, post, transmit, display, distribute, perform, broadcast, create derivative works, make non-personal use of, make available, or reproduce, in any way, in whole or in part, any North Fork Content or third party intellectual property, without first obtaining our prior written consent or the prior written consent of the third party owner or licensor.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by North Fork Designated Driver. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The North Fork Designated Driver name, the North Fork Designated Driver logo, and all related names, logos, product and service names, designs, and slogans are trademarks of North Fork Designated Driver or its affiliates or licensors. You must not use such marks without the prior written permission of North Fork Designated Driver. Any other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to do any of the following:

1. Engage in any activity that:
   1. In any way violates, or encourages any conduct that would violate, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
   2. Is fraudulent, false, misleading or deceptive;
   3. Is defamatory, obscene, pornographic, vulgar or offensive;
   4. Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
   5. Is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
   6. Exploits, harms, or attempts to exploit or harm minors; or
   7. Promotes illegal or harmful activities or substances;
2. Impersonate or attempt to impersonate North Fork Designated Driver, a North Fork Designated Driver employee, another user, or any other person or entity;
3. Use, display, mirror or frame the North Fork Designated Driver’s name, any North Fork Designated Driver trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page without North Fork Designated Driver express written consent;
4. Access, tamper with, or use non-public areas of the Website;
5. Attempt to probe, scan or test the vulnerability of any North Fork Designated Driver system or network or breach any security or authentication measures;
6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
7. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm North Fork Designated Driver or users of the Website, or expose them to liability;
8. Attempt to access, scrape or search the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), including monitoring or copying any of the material on the Website;
9. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
10. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
11. Use any device, software, or routine that interferes with the proper working of the Website;
12. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
13. Otherwise attempt to interfere with the proper working of the Website; or
14. Encourage or enable any other individual to do any of the foregoing.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, or approval of, the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that North Fork Designated Driver is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

No Warranties

To the fullest extent permitted by law, you agree that the Website and all associated content is provided “AS IS,” “AS AVAILABLE,” “WHERE IS,” “WITH ALL FAULTS” and without any warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose.  Further, we expressly disclaim all liability for errors and omissions related to the Website and all associated content.  Neither North Fork Designated Driver nor anyone associated with North Fork Designated Driver represents or warrants that the Website or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted or that defects will be corrected.  Your access and use of the Website is therefore at your sole risk.

Limitation on Liability

IF YOU DO NOT ACCEPT THE LIMITATION OF LIABILITY BELOW, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ASSOCIATED CONTENT.

To the fullest extent provided by law, in no event will North Fork Designated Driver, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you.  To the extent that one or any aspect of these limitations does not apply, all remaining aspects survive.

Indemnification

You agree to defend, indemnify, and hold harmless North Fork Designated Driver, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by North Fork Designated Driver of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of North Fork Designated Driver to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and North Fork Designated Driver regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.