Terms and Conditions

 

These are the Terms and Conditions to the services provided by D & B Designated Drivers, INC. If you are viewing this document on our website, you agree to be bound by these terms and conditions by clicking the “I Agree” button. You also agree to these terms and conditions when you engage and/or use the services of D & B Designated Drivers, INC. “You” means the person engaging and/or using the services of D & B Designated Drivers, INC. “We” or “us” refers to D & B Designated Drivers, INC. “Vehicle” or “your vehicle” means the vehicle in your possession and control, which you request to be driven by one of our drivers. Please read this carefully. Services We provide professional valet services for the transportation of our patrons to their homes in their own vehicles. We reserve the right to adjust our fees at any time. Our services are available on a first come, first serve basis if you did not make prior reservations with us. On occasion, it may take our drivers longer to pick you up or to reach your destination for any number of reasons, including unforeseen circumstances. If we are delayed in reaching you, you should not drive if you are intoxicated or otherwise impaired. In any event, you agree to hold us, our employees and agents harmless for any situation or circumstances that might arise as a result of any delay. Our drivers carry copies of these Terms and Conditions and a copy will be made available to you upon request. It is expressly understood that you will not be permitted to use our services without first accepting these Terms and Conditions and agreeing to be bound by them. By agreeing to use our services, you agree that you understand and accept these terms. Membership You can become a member by contacting us before you need our services, or we will send you a membership form after your first engagement of us. To be a member, we will require certain information from you and you must inform us if any of your information changes. As we state in our Privacy Policy on our website, all information you give us is strictly confidential. We can terminate a membership for any reason. Being a member facilitates the maintenance of our records for you. Membership does not entitle to you to privileges or expectations of service beyond the normal and regular services provided by us to our other clients. Restrictions on Service If any of the following occur while we are driving the vehicle or when we arrive to pick you up, we reserve the right to stop the vehicle (or refuse to drive the vehicle) and call the local authorities: - you or any one else to be driven in the vehicle uses obscene language, gestures or acts inappropriately (or anything occurs that would cause a reasonable, sober person to have concerns for his/her own safety or the safety of others) - you or a passenger of the vehicle becomes ill or unresponsive Being a member or purchasing a gift card for our services does not automatically ensure that our services will be available to you. No services should be expected of D & B Designated Drivers, INC. unless you have made a reservation with us and we have agreed to provide such services to you. At this time, our zones and hours of operations are limited to [describe zones and hours of service] and to the availability of our drivers. When you call to make a reservation with us, we will advise you of our availability and our ability to meet your requests. **At that time we will collect a $20.00 non-refundable reservation deposit which will be applied toward your ride service if there is no cancellation.** Insurance Requirements You understand that our drivers will not drive any vehicle that is not fully insured and that does not comply with all applicable laws of the State of Iowa and Illinois, including those laws relating to insurance, registration, and safety. By requesting our drivers to drive the vehicle, you warrant that the vehicle is in full compliance with these laws. You also warrant that you and/or the vehicle is covered by automobile insurance and that this insurance will insure you, the vehicle, any passengers in your vehicle and our drivers. You understand that if an accident occurs while one of our drivers are driving the vehicle, regardless of whether our driver is at fault or not, your automobile insurance policy will be the primary insurance policy for the satisfaction of any and all claims or damage. You agree to indemnify us and our agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against such parties for any and all damages not paid for by your insurance coverage or insurer. Assumption of Risk You acknowledge that you are aware that the use of our services involves an inherent risk of injury, death and property damage to you, your guests and invitees. In addition to the inherent risks involved in operating a vehicle, you are aware of the risks of injury, death and property damage that could result from a number of causes, including active or passive negligence of us, our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. You voluntarily agree to assume all risks of injury, death, and property damage to you and any and all passengers of the vehicle and you waive any and all claims or actions that you may have against us and our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees. Release of Liability You release us and our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to you, your employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to the services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties. You expressly understand and agree that you bear sole responsibility for any loss. Notwithstanding the foregoing, in no event shall our liability, whether arising from contract, warranty, negligence, tort or otherwise, exceed, in the aggregate, the amount of the fees paid by you to us for services provided in the immediately preceding twelve months. Knowing and Voluntary Execution By engaging our services, you acknowledge that you have read and understand these terms and conditions, and you understand that you have assumed all risk associated with our providing services to you and you release us from all liability. You also acknowledge that we are relying on this waiver in permitting you to utilize our services. Indemnification You agree to indemnify, defend and hold harmless us and our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) any and all services provided to you by us and our agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of your representations and warranties contained in these terms and conditions; and (iii) the breach of any covenant or agreement of you under these terms. If you fail to promptly indemnify the applicable party after receiving written notice from us, we have the right to litigate, settle or take any other action we deem necessary or desirable to resolve a Claim. In any event, you will pay us for all amounts paid or incurred by us as a result of any Claims arising. Time for Claim Any claim arising from or relating to your engagement of us (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises. Arbitration Any dispute between you and D & B Designated Drivers, INC. or claim by a party against another party arising out of or in relation to the services provided by us shall be finally determined by arbitration in accordance with the rules then in force of the American Arbitration Association. The arbitration proceedings shall take place in the Des Moines Metropolitan area, Iowa. If the parties cannot agree on one arbitrator, each party will select one arbitrator and those two arbitrators shall select a third arbitrator. If the arbitrators cannot agree upon the selection of a third arbitrator, the third arbitrator shall be appointed by the American Arbitration Association. The decision of the arbitrator shall be final and binding upon the parties in dispute without right of appeal. Amendments We may amend these Terms and Conditions at any time by posting the amended terms and conditions on this web site, in which case, such amended terms and conditions shall take effect immediately following such posting. We may also choose to email any amended and restated terms and conditions to our members. Successors and Assigns These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. You may not transfer or assign any rights and obligations hereunder. Unenforceable Provisions If any term or provision of these Terms and Conditions is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of these terms, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. Governing Law All engagements of D & B Designated Drivers, INC. shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Iowa and the State of Illinois applicable to agreements made and to be performed entirely within such State, including all matters of enforcement, validity and performance. PRIVACY POLICY D & B Designated Drivers, INC. D & B Designated Drivers, INC. is committed to protecting the privacy and security of its clients and the visitors to this site (the “Site”) by maintaining the highest standards of confidentiality and security for all data collected from our clients and visitors to our Site. This Privacy Policy describes the information we collect and how it is used. Information Collection Visitors to our Site may be asked to provide personal contact information in exchange for access on the Site, use of certain services on the Site or purchase of services or products on the Site. Our clients may also provide personal information to us in connection with any services we provide to them. This information may include your name, age, email address, home address, telephone number, fax number, and financial information (such as account or credit card numbers). We will use this information to provide the requested service(s) or product(s). We may also use this information for internal marketing and research purposes. From time to time, we may send you information regarding products, services and promotions that we offer, or that another company might offer, which we feel may be of interest to you. You will be free to contact the product, service or promotions provider if you choose. You may opt out of receiving any promotional information from D & B Designated Drivers, INC. by contacting the Privacy Administrator. Any information collected from our clients or visitors to our Site will never be shared or sold to a third party. Third party offers or promotions made available to D & B Designated Drivers, INC. will be passed on to you through D & B Designated Drivers, INC. and not directly from the third party. When you visit the Site, we may also collect your IP address in order to help diagnose problems with our server, and to help administer the Site. This information is not connected to or associated with any other personally identifiable information that you may provide us while visiting our Site. The Site contains links to third-party web sites. We are not responsible for the privacy practices or the content of such other sites. It is possible that third-parties could obtain and use information collected from you as a result of your use of their sites, so we recommend that you always review the privacy policies of any web site you visit. Any information that we collect may be used, in the aggregate, with all personally identifying information removed, to justify the fees we charge advertisers to advertise on our website. By providing this information, our website is better able to keep our costs down. Disclosures Required by Law We do not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you have requested, when we have your permission. There are three important exceptions to our privacy policy: (i) We reserve the right to release or use personal or proprietary information in connection with legal proceedings or in response to a subpoena or court order. (ii) We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms and conditions of services, or as otherwise required by law. (iii) Our policy only applies to information you provide to us. You may provide information to third parties if, for example, you click on third party advertising or a link to a third party site. We cannot be responsible for the conduct of these third parties. They may have policies concerning privacy and the use of cookies that differ substantially from ours. You may receive unsolicited messages from these third parties, or from others, due to this conduct. Security While no system is completely foolproof, we take the security of the information we collect from clients and visitors to our Site very seriously and therefore we have security measures in place to protect the loss, misuse and alteration of the information under our control. Our employees and independent contractors are required to follow our privacy policy, although we cannot guarantee their compliance. However, those employees and independent contractors who violate our privacy policy are subject to disciplinary measures, including termination. Cookies Many websites use “cookies” to help personalize a visitor’s online experience. “Cookies” are text files that are placed on the hard drive of a visitor’s computer by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to each visitor and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the services or web sites you visit. Our Site may use cookies to keep track of your shopping cart when making purchases, to deliver content specific to your interest, to save your password so you don’t have to re-enter it each time you visit the Site, and for other similar purposes. You may still use most of the features on the Site without cookies, but it is possible that some parts of our Site will not function properly if you decline cookies. Acceptance By using the Site, you are deemed to have agreed to our Privacy Policy. If you do not agree with the Privacy Policy, please do not use the Site. Your continued use of the Site following the posting of changes to the Privacy Policy will mean that you accept those changes. Modifications To Our Privacy Policy We reserve the right to change our privacy policies at any time at our discretion. Changes to our privacy policy will become effective upon posting to our website. Contacting D & B Designated Drivers, INC. If you have any questions about this Privacy Policy or the practices of the Site, if you need to correct or cancel any information that you previously provided, or if you want to opt-out of receiving any promotional materials from or through D & B Designated Drivers, INC. you can send an email to dan.kennedy@dandbdesignateddrivers.com, call us at 1-563-823-6299 Last updated: October,1, 2010