Website Terms of Use

Drivosity, LLC is pleased to make the website located at Drivosity.com (the “Site”) available for
your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth
below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the
Privacy Policy, you must immediately log off the Site and may not use the Site.
These Terms of Use apply to your access to and use of this Site and do not alter in any way the
terms and conditions of any other agreement you may have with Drivosity, unless otherwise
directed by Drivosity. If you breach any of these terms and conditions, your authorization to use
this Site automatically terminates and you must immediately discontinue use of the Site.
To access and use certain features of the Site, you may be required to register with Drivosity
and use a login/registration page and you must agree to be bound by any additional applicable
terms and conditions contained there.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated.

Copyright

All content, software, and technology included on this Site or used in the operation of this Site is
the owned or licensed property of Drivosity or its content, software, and technology suppliers,
and is protected by U.S. and international copyright laws. In addition, the compilation (meaning
the collection, arrangement, and assembly) of all content on this Site is the exclusive property of
Drivosity and protected by U.S. and international copyright laws. Drivosity grants you permission
to view and use content, software, and technology made available to you on the Site in
connection with your own personal, noncommercial use of the Site. Any other use, including the
reproduction, modification, distribution, transmission, republication, display, or performance, of
the content, software, and technology on this Site is strictly prohibited without written permission
from Drivosity.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and
displayed on this Site are registered and unregistered Trademarks of Drivosity and others.
Nothing on this Site shall be construed as granting any license or right to use any Trademark
displayed on this Site without the prior written permission of the Trademark owner. Other
product and company names mentioned in this Site may be the Trademarks of their respective
owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on
this Site or used in the operation of this Site, including without limitation, patents, trade secrets,
trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned
or licensed property of Drivosity. Any use of these rights without the prior written permission of
Drivosity is strictly prohibited.

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions. Drivosity
reserves the right to correct any errors, inaccuracies, or omissions and to change or update
information at any time without notice to you.

Disclaimer of Warranties

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE
SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE. DRIVOSITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON- INFRINGEMENT, AND
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY
WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
DRIVOSITY MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE
FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. DRIVOSITY
MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS
SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE
UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN
DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY
WITH RESPECT TO THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE
RISK.

Limitation of Liability

IN NO EVENT SHALL DRIVOSITY, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE,
WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Under no circumstances whatsoever shall Drivosity’s aggregate liability resulting from or relating
to your use of this Site exceed Five United States Dollars (USD $5.00).

Prohibited Activities and Visitor Obligations

As a visitor or user of this Site you shall not:

  • • violate any applicable law or regulation;
    • upload, post, use, transmit, or otherwise make available, including by email, (each, a “Post”)
    any content or information that is false or inaccurate;
    • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious,
    defamatory, vulgar, obscene, libelous, invasive of another privacy, or content that could
    otherwise be considered to be objectionable;
    • impersonate or use the identity of another person or organization, or falsely state or
    otherwise misrepresent your affiliation with a person or organization;
    • Engage in any activities or manipulate identifying material to misrepresent the origin of
    content;
  • • Post any content that is subject to any disclosure restrictions;
    • Post any materials, items, information or content that infringes or otherwise violates any
    patent, copyright, trademark, or any other intellectual property rights;
    • Post any unsolicited or unauthorized advertising or promotional materials, including without
    limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing,
    stalking, tortious, defamatory, vulgar, obscene, libelous, invasive of another privacy, or that
    could otherwise be considered to be objectionable;
    • Post any material that contains software viruses or any other corrupt computer code, files or
    programs that impair the use of any computer software or hardware or telecommunications
    equipment;
    • interfere with or otherwise limit the use of this Site by other users; or collect, compile, or
    store personal information about other users of this Site;
    • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this Site or
    the systems resources; accounts; usernames and passwords; servers; or networks
    connected to or accessible through this Site or any affiliated or linked sites
    • use any robot, spider, other automatic device, or manual process to “screen scrape,”
    monitor, “mine,” or copy the web pages on the Site or the content contained therein without
    Drivosity’s prior, express, and written permission;
    • use this Site for your own commercial purposes.

You agree that you are solely responsible for the Posting of any content (e.g., text, images,
photographs, videos) that you make available on or send through the Site (“User Content”). In
addition to the rights granted to Drivosity elsewhere in these Terms of Use, you hereby grant
Drivosity the irrevocable right to copy, display, and use User Content in connection with the Site
and for the purposes related to your Post of the User Content. Drivosity does not endorse any
User Content submitted to the Site, or endorse any opinion, recommendation, or advice
expressed therein. Drivosity expressly disclaims any and all liability in connection with User
Content. Although Drivosity has no obligation to screen, edit, or monitor any of the User
Content, accounts, or user conduct on the Site, Drivosity reserves the right, and has absolute
discretion, to remove, screen, or edit any User Content, accounts, and to monitor any user
conduct on the Site at any time and for any reason without notice. Your User Content may be
available on the Site for a limited period of time, as determined by Drivosity in its sole discretion.
You are solely responsible for creating backup copies and replacing any of your User Content at
your sole cost and expense.
By the Posting of User Content to the Site, you represent and warrant that: (a) the User Content
is non-confidential is not subject to disclosure restrictions under any applicable data privacy
laws, rules, or regulations; (b) you have all necessary rights to Post the User Content to the Site
and to grant the rights to Drivosity you grant in these Terms of Use; (c) the User Content is
accurate and not misleading or harmful in any manner; and (d) the User Content, and the use
and the Post thereof in connection with the Site, does not and will not violate these Terms of
Use or any law, rule, or regulation. All User Content becomes the property of Drivosity and
Drivosity may use the User Content for any purpose. See the Submission section below for
more information.

Third Party Providers of Functionality

Drivosity may have functionality on the Site that is provided, in whole or in part, by a third party
service provider. You can usually identify such third party functionality by the use of a trademark
not owned by Drivosity on or near the functionality. For such third party functionality, you will

need to review the terms of use and privacy policy for that third party, which in some cases may
require you to visit that party’s website and locate the terms of use and privacy policy. Your
review should include determining whether such terms and policy are acceptable to you. If they
are not, do not use the associated functionality on our Site.

Interactions with Others

Your correspondence, interactions, or business dealings with third parties facilitated on or
through the Site, including payment and delivery of goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings, are solely between
you and such parties. You understand and acknowledge that these third parties are not agents,
employees or independent contractors under the control of Drivosity. Drivosity makes no
representations or warranties and shall not be liable for any action or omission of these third
parties.
Drivosity shall not be responsible or liable for any claims, loss, or damage of any sort incurred
as the result of any such dealings or as the result of use of the Site. It is your responsibility to
make whatever investigation you feel necessary or appropriate before proceeding with any
activities or dealings with any of these third parties. Drivosity disclaims any liability with respect
to such activities or dealings. If there is a dispute between you and any such third party, you
understand and agree that Drivosity is under no obligation to become involved.

Indemnification

You agree to indemnify, defend, and hold Drivosity and its successors and assigns harmless
from and against and in respect of any and all third party claims, demands, losses, costs,
expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest,
penalties, and reasonable attorneys fees that Drivosity incurs or suffers which relate to your use
of this Site, your failure to perform any of your obligations under these Terms of Use, or your
breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Sites

The Site may contain links to other websites. Additionally, other websites may contain links to
this Site. Drivosity does not review or monitor the websites linked to this Site and Drivosity is not
responsible for the content or policies of any other websites. Any link established by Drivosity
does not constitute an endorsement of the other websites or create a relationship between
Drivosity and the operators of other websites. Drivosity disclaims any liability with respect to
your use of any other website, and you release Drivosity from any liability related to your use of
any link to another website or your use of any other website. Where this Site contains a link to
another website owned and/or operated by Drivosity, such website use may be subject to
different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use

Drivosity may revise these Terms of Use at any time without notice. Any use of this Site
following the date on which changes to these Terms of Use or the Privacy Policy are published
on this Site shall constitute your acceptance of all such changes. You expressly agree that
Drivosity shall have no obligation to provide you with any notice of any changes, and you hereby
expressly waive any right you may have to receive notice of any changes to these Terms of Use
or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site

Drivosity may modify, change, suspend, terminate or discontinue the operation of part or all of
this Site without notice to you and Drivosity reserves the right to refuse service to anyone at any
time, with or without cause.

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer. You agree to accept
responsibility for all activities that occur under your account or password. By using the Site, you
agree to: (a) provide true, accurate, current, and complete information about you; (b) maintain
and promptly update such information to keep it true, accurate, current, and complete; and
(c) notify us of any security breach or unauthorized use of your account or password. Drivosity
has the right, without notice and in its sole discretion, to suspend or terminate your access to
the Site and to refuse or restrict access or service, terminate accounts, and to remove or edit
content on the Site.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the
controlling language with respect to these Terms of Use and their interpretation.
Any failure by Drivosity to enforce any provision of these Terms of Use shall not be construed
as a waiver of any provision or the right to enforce same.
These Terms of Use shall be governed by the laws of the State of Florida, USA, without giving
effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or
arising out of these Terms of Use, or arising out of any other dispute or claim associated with
Drivosity, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction
of the state and federal courts located in the State of Florida, USA, (the “Florida Courts”) for any
litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence
any litigation arising out of or relating to these Terms of Use except in the Florida Courts; (iii)
agree not to plead or claim that such litigation brought therein has been brought in an
inconvenient forum; and (iv) agree the Florida courts represent the exclusive jurisdiction for all
disputes relating to these Terms of Use.
If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the
other provisions of these Terms of Use.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of
these Terms of Use, including without limitation this paragraph and the warranty disclaimers and
liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any
portion of this Site may violate any legal requirements and you agree not to access this Site in
any such jurisdiction.
You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you
send or submit to Drivosity through this Site (collectively, “Submissions”), shall become
Drivosity’s property; and you hereby transfer, sell, and assign to Drivosity all of your right, title,
and interest in and to any such Submissions, including without limitation, any and all related
patent, copyright, moral rights, trademark, and other intellectual property rights. Drivosity has no
obligation to maintain any confidentiality with respect to any such Submissions. Drivosity shall

be free to use them for any purpose whatsoever without providing you notice or receiving your
consent, and without restriction or compensation.