Drivers' Terms and Conditions

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Driver Terms and Conditions

By registering as a Driver on the thechauffy.com website, also THE CHAUFFY(alternatively referred to herein as “THE CHAUFFY”, we”, “us”, or “our” as the context requires), you are agreeing to the following Terms and Conditions. The Terms and Conditions constitute a binding contract between you and THE CHAUFFY, (hereinafter referred to as “THE CHAUFFY”). THE CHAUFFY is the owner and operator of thechauffy.com and it’s mobile applications made available on iOS or Android devices, and other promotional applications as developed by THE CHAUFFY from time to time (hereinafter collectively referred to as “thechauffy.com”). For purposes of this contract (alternately referred to as “Contract” “Terms and Conditions” or “Agreement”), any references to “you” or “your” within this document shall refer to you, the Driver utilizing the THE CHAUFFY website, mobile application, and/or referral service and software. Any reference to “we” “us” or “our” shall refer solely to THE CHAUFFY.

Definitions

Except as otherwise defined in this Agreement, capitalized terms have the meanings set forth herein.

“Customer” is a customer, whether registered or not registered, of thechauffy.com that utilizes THE CHAUFFY’s referral service to avail themselves to Drivers willing to provide designated driving services.

“Driver” is a registered driver of thechauffy.com that utilizes THE CHAUFFY’s referral service to avail themselves to Customers to provide designated driving services.

Description of Service

THE CHAUFFY is a referral service that provides information to you about where and when you may perform driving services. By signing up with this service (referred to as “online service,” “referral service,” or simply “service”), we agree to provide you with timely information about individuals that you may serve. We require a referral fee and compliance with this Agreement in exchange, as detailed in the terms of this document. By creating an account and accepting our referrals, you agree to abide by all of the terms and conditions in this Agreement. As a driver you agree never to take a customer's vehicle for any personal use in all respects. This includes purchasing a meal, seeing friends, returning home during a reservation, etc.

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Online Account

By completing the Driver registration process, you will receive a password and account name for access to an online account with thechauff.com (as soon as its available). You will be solely responsible for maintaining the confidentiality of the online account and its password, and are solely responsible for any and all activities that occur under your account.

As a thechauffy.com account holder, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that THE CHAUFFY cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You acknowledge, consent and agree that THE CHAUFFY may access, preserve and disclose your account information if, in our sole discretion, we believe doing so is in any manner necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract; (d) respond to your requests for customer service; or (e) protect the rights, property and personal safety of THE CHAUFFY, its users and the public.

THE CHAUFFY, in its sole discretion, expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of our online services and referral services. Reasons for doing so include, but are not limited to, instances in which THE CHAUFFY believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to use the services of and/or associate with THE CHAUFFY; or (ii) have violated this Agreement. You hereby agree that, under this Agreement, THE CHAUFFY is not required to give you any prior notice of termination of your account and referrals.

By creating an online account, you acknowledge and understand that the software that embodies thechauffy.com includes security components that allow us to protect, record, and preserve data that is utilized by operation of the software and your personal privacy. For more information about THE CHAUFFY’s security and privacy controls, see THE CHAUFFY’s Privacy Policy available here. By using any software made available through the online service, you agree that you shall not attempt to override or circumvent any such protective, recording, or preservation measures, including but not limited to the usage rules embedded in the software.

Driver Conduct

You agree to use thechauffy.com only for lawful purposes.

You agree to not make any disparaging comments about THE CHAUFFY, its employees, Customers or other Drivers.

You agree to act in a professional and responsible manner in performance of all driving services referred by THE CHAUFFY.

You agree to use thechauffy.com only for its intended purposes.

You agree not to disrupt thechauff.com.

You agree not to interfere with or compromise the security of thechauffy.com, or any computer, server, account, network, data, software and/or hardware associated with thechauffy.com.

You agree not to disrupt or interfere with any other visitor's use of thechauffy.com.

You agree not to attempt to obtain access to any portion of thechauffy.com, any computer, server, account, network, software and/or hardware associated with thechauffy.com, from which you are restricted.

You agree that you are solely responsible for any actions you undertake while visiting thechauffy.com and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to thechauffy.com and the Internet, including United States copyright law and export regulations.

You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to thechauffy.com.

You warrant that all information you provide to gain access to the services provided by thechauffy.com is accurate and truthful.

THE CHAUFFY reserves the right to prohibit any conduct involving thechauffy.com that it deems to be inappropriate or illegal.

THE CHAUFFY does not knowingly or intentionally collect personal information from children under the age of 13. The content of thechauffy.com is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to THE CHAUFFY.

Driver Compensation

Three conditions exist by which you may receive compensation:

1. Reserve a Driver: In the instance that a referral Customer is billed at the rate of $20.00-$40.00 for the Reserve a Driver option, you shall be compensated at the rate of $15.00-$20.00 per hour for services related thereto that you provide. THE CHAUFFY shall retain the sum of $4.00-$10.00 per partial or full hour you provide service.

Your total compensation under this provision, less a 5% maintenance fee and 2% background check fee per successful referral, shall be deposited directly into a financial account, chosen by you, no later than fourteen (14) days from the date THE CHAUFFY receives compensation from the referred Customer.

2. Peace of Mind Plan: In the instance that a referral Customer is billed at the rate of $45.00-$52.00 for the Peace of Mind option, you shall be compensated at the rate of $30.00-$35.00 per partial or full hour per team for services related thereto that you provide. THE CHAUFFY shall retain the sum of $15.00-$17.50 per each hour you provide service.

Your total compensation under this provision, less a 5% maintenance fee and 2% background check fee per successful referral, shall be deposited directly into a financial account, chosen by you, no later than fourteen (14) days from the date THE CHAUFFY receives compensation from the referred Customer.

You hereby agree that THE CHAUFFY may alter both rates of compensation at any time, without prior notice to you, to affect any future referral under this Agreement. Under THE CHAUFFY's sole discretion, the company reserves the complete right to withhold or refuse payment to any Driver in partial, or full, and may do so for whatever reason and at any time. Without limiting the foregoing, in the event that THE CHAUFFY arranges for any Driver to provide driving services for a referral Customer and such Driver does not follow through in providing such driving services after such Driver has accepted such referral business, then THE CHAUFFY reserves the right to withhold all or any part of the compensation then owing to such Driver for prior services performed as liquidated damages for the purpose of defraying THE CHAUFFY’s expenses and lost business incident to such Driver’s failure to follow through and perform the referral business. Driver agrees that the withholding of such compensation is a reasonable forecast of just compensation for anticipated and actual harm incurred by THE CHAUFFY, and that the actual harm incurred by THE CHAUFF cannot be estimated with certainty and without difficulty. The withholding of compensation is in additional to, and not in lieu of, THE CHAUFFY’s other rights and remedies hereunder or under applicable law.

If you have a last minute order cancellation (within four (4) hours start time of the order), you agree that THE CHAUFFY may penalize you up to 20% of the total cost of the reservation from their driver balance if the reason for cancellation is not decided as sufficient by THE CHAUFFY.

Confidentiality

By creating an online account and/or accepting referrals with THE CHAUFFY, you hereby agree to keep confidential all Customer referral information, including but not limited to names, addresses, contact information, vehicle information, insurance information and any other information garnered as a result of your relationship with THE CHAUFFY. You shall not use or disclose, in any manner or to any person, any fact or occurrence that resulted from a referral related to your relationship with THE CHAUFFY. You are prohibited from publishing to any person any information regarding referrals that may be of a personal or confidential nature, including but not limited to personal observations which, if disclosed, would be embarrassing or humiliating, or cause any individual to be held in lower esteem in their community or the community in which the information is published. This term does not apply where disclosure is required (i) by law; (ii) to otherwise comply with legal process; (iii) to comply with the terms and conditions set forth in this Agreement; or (iv) to protect any individual from immediate risk of serious physical or financial harm.

The foregoing restriction shall continue in effect indefinitely, and shall survive the expiration or termination of your status as a registered Driver for THE CHAUFFY.

If you violate this provision, THE CHAUFFY may, in its sole discretion and without notice (i) suspend or terminate you from current or future services through THE CHAUFFY; (ii) pursue any remedy necessary to enforce this this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) damages in the amount that may be obtained were the Customer to pursue any related claim against you in a court of law; (b) moneys that are paid in settlement or award of a claim against THE CHAUFFY; (c) costs; (d) expenses; and (e) attorney fees.

Non-Compete

You are not permitted to provide driving services to the Customer referrals you receive from THE CHAUFFY except through your contractual relationship with THE CHAUFFY. You hereby agree that providing additional designated driving services of the type provided to Customer referrals from THE CHAUFFY, and to Customer referrals you learn of through THE CHAUFFY is a material breach of this Agreement, and all rights and protections provided by this Agreement to you are null and void, and you hereby waive any rights or remedies you have against THE CHAUFFY under this agreement or under applicable law.

If THE CHAUFFY Customer contacts you directly to provide driving services outside thechauffy.com, regardless of the situation, you must report the Customer name to THE CHAUFFY as soon as possible. Failure to report a THE CHAUFFY Customer that contacts you directly for driving services is a material breach of this Agreement.

If you violate this provision, THE CHAUFFY may, in its sole discretion and without notice, in addition to any remedies available under applicable law, (i) suspend or terminate you from current or future services through THE CHAUFFY; (ii) pursue any remedy necessary to enforce this this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) lost profits; (b) costs; (c) expenses; and (d) attorney fees.

The foregoing provision shall apply so long as you are registered as a Driver with THE CHAUFFY, and for a period of two (2) years thereafter. To the extent that the law of your jurisdiction will not allow enforcement of this restriction, then the restriction will be as broadly construed as the law of your jurisdiction will allow.

Copyright, Trademark and Intellectual Property

All information, content and material made available by THE CHAUFFY through thechauffy.com, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the thechauffy.com or any component or element of thechauffy.com (collectively, the "Content") is owned by or licensed to THE CHAUFFY. The compilation of the Content on thechauffy.com is the exclusive property of THE CHAUFFY and its licensors and is protected by U.S. and international copyright law.

THE CHAUFFY and its licensors retain all rights in the Content of thechauffy.com. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.

THE CHAUFFY grants you permission to display and print the Content of thechauffy.com (other than the computer code comprising thechauffy.com) for your personal, non-commercial use only; provided, that, even if you display or print the Content of thechauffy.com as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in connection with any service or information that is not THE CHAUFFY's or in any manner that is likely to cause confusion among consumers or that disparages THE CHAUFFY. The rights granted herein terminate automatically if you breach this Agreement. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.

THE CHAUFFY and all derivations thereof are trademarks of THE CHAUFFY. Other marks used on thechauffy.com are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of THE CHAUFFY and may not be used, copied or imitated without the prior written consent of THE CHAUFFY.

Independent Contractor

You hereby acknowledge and agree that you are an independent contractor receiving referral service from THE CHAUFFY. You hereby acknowledge that you are NOT an employee of THE CHAUFFY. You and THE CHAUFFY agree that this relationship does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties. You are not authorized to enter into or commit THE CHAUFFY to any agreements, and you shall not represent yourself as the agent or legal representative of THE CHAUFFY.

Further, as an independent contractor, you shall not be entitled to participate in any of the Company's benefits, including without limitation any health or retirement plans. You shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in this Agreement.

THE CHAUFFY shall not be liable for taxes, Worker's Compensation, unemployment insurance, employer’s liability, employer's FICA, social security, withholding tax, or other taxes or withholding for or on behalf of you or any other person consulted or employed by you in performing services under this Agreement. All such costs shall be your responsibility. Alteration of thechauffy.com

THE CHAUFFY may change, suspend or discontinue any feature, aspect, or service available through thechauffy.com at any time. THE CHAUFFY may alter the availability of any feature of thechauffy.com or service related to any feature of thechauffy.com at any time. THE CHAUFFY may add, remove or modify any content of thechauffy.com, including that of third parties, at any time.

Liability

As a condition of receiving referrals from THE CHAUFFY, you are required to maintain current coverage by and carry proof of your respective state's minimum motor vehicle insurance. You shall provide a copy of the policy to THE CHAUFFY prior to receiving referrals. Furthermore, you agree to confirm, by visual inspection, that the Customers for whom you provide driving services also have current automobile insurance (liability insurance and property damage insurance) coverage that covers services provided through THE CHAUFFY referral and contemplated in this Agreement. You hereby acknowledge and affirm that you or the referred Customer may be personally liable for damages that either the Customer’s or your insurance does not cover.

You also agree to inspect the Customer’s vehicle for any scratches, dents, or any other preexisting damages prior to beginning the order. You agree to make a written record of these damages and bring them to the Customer's attention prior to the beginning of the order.

You also agree that you will notify THE CHAUFFY immediately if you or the referred individual does not have insurance for any reason, including failure to purchase, cancellation, or lapse.

For purposes of providing its referral services, and in the interest of protecting itself from general liability, THE CHAUFFY carries general corporate, automobile liability, and automobile collision insurance that may, in limited instances, cover damage and loss in the event of certain automobile accidents.

Duty to Abide by Laws and Safety Guidelines

You are required to drive safely and obey all applicable laws, including but not limited to any posted traffic and safety laws, at all times while performing the driving services contemplated in this Agreement.

For example, the following occurrences are prohibited during the existence of this Agreement between you and THE CHAUFFY, and may lead to termination of your account:

1. Arrest or conviction of any major traffic offense

2. Any conviction for DUI (driving under the influence) or DWI (driving while intoxicated) or OVI (operating a vehicle while intoxicated) or such similar offense in any U.S. state that prohibits operation of a motor vehicle while under the influence of any chemical agent that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.

3. Suspension or loss of your driver's license or your unrestricted driving privileges.

4. Conviction of any felony, or any other crime involving moral turpitude.

5. Suspension or loss of your automobile insurance.

6. A belief, formed by THE CHAUFFY and manifested in its sole discretion and in reliance on any available information, that you have provided driving services through this Agreement while using, having used, or under the influence of any chemical agent or substance that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.

7. Involvement in any automobile accident where you are found to be at fault.

8. Violation of the Privacy Policy, Customer Terms and Conditions, and/or Driver Terms and Conditions.

9. Any false statements made on your driver registration form.

10. The use of a mobile device while driving, including, but not limited to, texting while driving or using an app or the internet while driving.

Indemnification

You agree to hereby release and indemnify THE CHAUFFY and its officers, directors, employees, agents and other representatives from and against any liability for any injury, loss or damage resulting from a referral from THE CHAUFFY. You agree to hereby indemnify, defend and hold harmless THE CHAUFFY and its officers, directors, employees, agents and other representatives from and against all damages, losses and causes of action including without limitation damage to property, bodily injury, or death to the extent caused by:

1. Breach of any terms and conditions of these Terms and Conditions by you or THE CHAUFFY;

2. Negligent or willful acts by you or THE CHAUFFY;

3. Non-compliance or breach of any applicable law, rule or regulation by you or THE CHAUFFY; and/or

4. Infringement of any right of any third party by you or THE CHAUFFY. You hereby acknowledge that, if due to your negligence, the referred Customer’s vehicle gets towed, ticketed, or the vehicle's battery dies; YOU, and not THE CHAUFFY, will be solely responsible for the payment of any corresponding costs that are the actual and proximate result of that negligence.

Duty to Notify & Cooperate / Procedure in Case of Accident or Injury

In case of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you agree to provide immediate, written notice to THE CHAUFFY. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to “contact@thechauffy.com.”

Once you notify THE CHAUFFY of any accident or injury to persons or property, THE CHAUFFY will provide you with the information necessary to contact the referral Customer and his/her insurance carrier. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with your insurance carrier or a referred Customer and his/her insurance carrier.

You also agree to fully and timely cooperate in any investigation by THE CHAUFFY of any incident reported by you, a referral Customer, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of THE CHAUFFY. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.

THE CHAUFFY carries general corporate, automobile liability, and automobile collision insurance that may, in limited instances, and on a case by case basis, cover damage and loss in the event of certain automobile accidents. For THE CHAUFFY to consider a claim under THE CHAUFFY’s corporate policies you must submit an official police report of the accident. THE CHAUFFY on a case by case basis, in its sole discretion and at any point with or without cause, can make the decision to not pursue any claim brought by a Customer or Driver.

Disclaimers

EXCEPT AS PROVIDED IN THIS AGREEMENT, THECHAUFFY.COM IS PROVIDED "AS-IS" AND "AS-AVAILABLE". THE CHAUFFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THECHAUFFY.COM, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THECHAUFFY.COM.

THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH THECHAUFFY.COM (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION. YOU AGREE THAT THE CHAUFFY IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO THECHAUFFY.COM OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH THECHAUFFY.COM. THE CHAUFFY MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE THECHAUFFY.COM OR ANY PAGE OF THECHAUFFY.COM AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.

YOU AGREE TO VISIT THECHAUFFY.COM SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THECHAUFFY.COM, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THECHAUFFY.COM IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THECHAUFFY.COM WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THECHAUFFY.COM ARE ACCURATE, RELIABLE, OR CURRENT. THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH THECHAUFFY.COM.

Limitation of Liability

EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THECHAUFFY.COM SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THECHAUFFY.COM, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE BEMYDD.COM, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THECHAUFFY.COM. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE CHAUFFY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF BEMYDD.COM OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THECHAUFFY.COM OR ANY OTHER WEBSITE LINKED TO THECHAUFFY.COM RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.

Waiver

Any failure by thechauffy.com to exercise its rights as stated in this Agreement shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of this Agreement unless one is obtained in a writing signed by both you and THE CHAUFFY.

Marketing

Except through thechauffy.com or with express permission from THE CHAUFFY, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with thechauffy.com or THE CHAUFFY. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies thechauffy.com or THE CHAUFFY, and/or uses any of its intellectual property, including copyrighted text, pictures, and images; and marks protected by US trademark laws.

You agree that THE CHAUFFY retains sole authority to advertise its service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in this Agreement. THE CHAUFFY also has the sole authority to use your name, image, likeness, personal attributes, and/or driving record to promote its service and your relation thereto.

Arbitration

Any dispute over this Agreement or any other matter between you and THE CHAUFFY shall be subject to binding arbitration in the State of CALFORNIA, city of VALLEJO, with an arbitrator chosen by THE CHAUFFY. You and THE CHAUFFY agree to share the cost of the arbitrator. Cancellation

To cancel your subscription at any time, email “contact@thechauffy.com” or call the toll free number.

Amendments

THE CHAUFFY reserves the right to amend this agreement at any time, without notice, to affect future dealings between you and THE CHAUFFY. You may not alter this Agreement, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.

Termination

Breach of any of this Agreement shall entitle THE CHAUFFY, in its sole discretion, to suspend or terminate your registration as a Driver receiving referrals through the THE CHAUFFY.

Entire Agreement

This Agreement constitutes the entire agreement between both parties, and supersedes all prior oral or written promises and contracts regarding your use of the services of THE CHAUFFY
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