Terms & Conditions

1_ OUR SERVICES

This Terms Of Use Agreement (the “Terms”) governs your rights and responsibilities related to Hack The DMV Inc.’s (HDMV) services including all of our website(s), domains, apps, products, services, content, features and marketing campaigns (the “Services”) if you have your ordinary place of residence or establishment in the United States or Canada.   When you register to use our Services, you become a “Registered User”.  If you have chosen not to register for our Services, you may still be able to access certain aspects of or made available by our Services as a “Visitor.” By accessing or using our Services, whether as a Registered User or Visitor, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with Hack he HDMV Inc. (even if you are using the Services on behalf of a company), so please take a moment to read these legally binding Terms.

If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. The collection, use, and sharing of your personal information is described in our Privacy Policy.  Your use of certain services, including Business Services (as defined in our Business Service Terms, may be subject to additional terms, policies, and guidelines (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you on the Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.

Throughout these Terms, we use “Hack The DMV”, “HDMV”, “we”, “us” and “our” to refer to the companies offering our Services to you. The Services are operated and provided to you by Hack The DMV, Inc., 35 Miller Avenue, Suite 110, Mill Valley, CA 94925.

IMPORTANT ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

 2_ JOINING THE HDMV COMMUNITY 

a. Services.  The Service includes all of the Hack The DMV products, features, applications, content, services, technologies, and software that we provide through our website or web applications. The Service is made up of the following aspects:

• Web based content including, but not limited to, information relating to driving tests, maps and videos of practice driving routes, general tips and guidance relating to driving examinations and third-party driving tests (where applicable).
• Community Discussion Forums which allow Registered Users to post comments and interact with other Registered Users as well as HDMV Community Managers.
• Access to HDMV produced, or third-party content including, tips to help novice drivers prepare for their behind-the-wheel road test.
• Access to HDMV produced, or third-party content to help parents or guardians coach novice drivers.
• Access to other curated content from other third-party entities including but not limited to state DMVs.

Hack The DMV is not a state or federally certified driving education program or driving school, nor are we affiliated with any certified driving education programs or schools. 

b. Eligibility. You may use our Services only if you can legally form a binding contract with Hack The DMV, Inc., and only in compliance with these Terms and all applicable laws. You can’t use the Services if (1) you are a child for whom consent is required to fully use the Services (e.g., as is the case if you are under 13 pursuant to COPPA); (2) you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; (3) we previously disabled your Account for violations of these Terms or other of our Supplemental Terms or policies; (4) our Services are not directed to your geographic territory; or (5) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.

c. Permitted Activities. You may access, search, view, interact with, post comments, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website and apps), and in each case subject to any Supplemental Terms we provide governing their permitted uses.

3_ OUR LICENSE GRANT TO YOU. Subject to your complete and ongoing compliance with these Terms and all applicable guidelines and policies, HDMV hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. The foregoing license grant is not a sale of the Services or any portion thereof, and HDMV retains all of our right, title, and interest in the Services and all copies thereof.

4_ RIGHTS YOU GRANT

  a. Generally. Some areas of the Services allow Registered Users to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as profile pictures or information, comments, likes, recommendations, questions, messages, driving route directions, driving route maps, and other content or information (“Content”) (any such Content that a Member does make available or submit is referred to as “Registered User Content”). You retain ownership of your Registered User Content.

  b. License Grant to HDMV. You hereby grant to Hack The DMV a non-exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Registered User Content. We will exercise our rights in the foregoing license subject. You represent and warrant that you are the creator and owner of your Registered User Content, or that you have the necessary licenses, rights, consents and permissions to authorize HDMV to exercise the licenses granted by you in this section in the manner contemplated by these Terms.

  c. License Grant to Other Registered Users and Visitors. You also hereby grant each Registered User and Visitor of the Services a non-exclusive license to access your Registered User Content through the Services and to use, view, share and distribute as permitted through the functionality of the Services and under these Terms.

  d. Feedback. We welcome you to share any feedback, suggestions, or ideas you have about HDMV and our Services with us (“Feedback”); You agree that in sharing your Feedback, you hereby grant HDMV an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and services now known or hereinafter developed.

  e. Sharing Content. We invite you to share Content from HDMV through our sharing features, including the Share link or otherwise . Copying, sharing, or redistributing Content by any other means, including through web scraping, is prohibited.

f.  Software. Using HDMV may include downloading software to your computer, phone, tablet, or other device. We may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that we may automatically update that software, and the then-current version of these Terms will apply to any updates.

5_ BEING A GOOD COMMUNITY MEMBER

  a. Community Guidelines. Our policies and community guidelines are designed to create a unique space where teens can support, inspire and empower each other in positive ways. These Terms include by reference our Community Guidelines appropriate use of HDMV. All of our Community Guidelines apply to Content submitted on HDMV, including submissions of content for use on our website, along with comments and messages in our Discussion Forums. We may limit the distribution of or remove Content that we determine violates the Community Guidelines. We reserve the right to proactively moderate Content, although we expressly disclaim any obligation to do so, and we can remove Content, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse service to you, if you violate our Community Guidelines, these Terms, or our other policies, or if you infringe intellectual property, or otherwise engage in behavior that we deem unacceptable our community standards and common decency.

  b. Prohibited Conduct. Without limiting other restrictions contained in these Terms, you agree that you will not, under any circumstances (i) gain or attempt to gain unauthorized access to any part of the Services, including the Accounts of other Registered Users (such through the use of bots or other automations as well as the unauthorized use of legitimate Member credentials); (ii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming Members); (iii) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (iv) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (v) conduct facial recognition or other biometric analysis of the Content (as defined below) posted on HDMV; (vi) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; or (vii) otherwise access or use the Services in an unlawful or unanticipated manner. For clarity, any attempt to engage in any of the behaviors listed in this section is also prohibited.

6_  PROMOTIONS.

Any sweepstakes, contests, raffles, games or similar (collectively, “Promotions”) made available through and as part of the Services may have additional terms and conditions. If you participate in any Promotions, please carefully review any Promotion-specific rules as well as our Privacy Policy. If and to the extent those rules conflict with these Terms or the Privacy Policy, the applicable Promotion rules will govern.

7_ THIRD-PARTY SITES AND SERVICES.

Our Services may contain links to third-party websites (including federal and state websites), advertisers, business partners, services, special offers, or other events or activities that are not owned or controlled by HDMV. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content from HDMV you do so at your own risk. HDMV may not warn you that you are leaving the Services and are subject to the terms and conditions of another website or domain, which is not under the control of HDMV. You agree that HDMV has no liability arising from your use of or access to any third-party website, service, or Content.

8_ CHANGES TO OUR SERVICE.

We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.

9_  INDEMNIFICATION.

You agree to defend, indemnify, and hold Hack The DMV, Inc. and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “HDMV Entities”) harmless from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party, including any Registered Users or Visitors; (e) your interactions and transactions with other Registered Users and Visitors; or (f) your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.

10_ DISCLAIMERS; LIMITATION OF LIABILITY

Your use of the Site and Services is at your own risk. The Site is provided by HDMV under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. HDMV makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; (iv) the content on the website, including route maps and videos, are accurate, recent and reflect all local, city and state laws and guidelines relating to motor vehicle operations; and (v) any errors or defects in the site, services or materials will be corrected. HDMV makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that HDMV will continue to support any particular feature of the Site. 

Liability Limits. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HDMV ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REGISTERED USERS, VISITORS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT.

No Liability for Conduct of other Registered Users and Visitors. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT HDMV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OF THE SERVICES.

Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11_ DISPUTE RESOLUTION.

If a dispute arises between you and HDMV, our goal is to provide you with a neutral and cost‐effective means of resolving the dispute quickly. Accordingly, if you have a dispute with HDMV, you agree to contact us and try to resolve the dispute informally before pursuing other avenues, including arbitration as set forth below.

Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other HDMV users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association (AAA) will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your HDMV account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Hack The DMV, Inc., 35 Miller Ave., Suite 110, 94941 with an email copy to admin@hackthedmv.com. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your HDMV account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.

For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in Marin County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

12_ MISCELLANEOUS

  a. Term and Termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.

  i. Termination by You. You may terminate these Terms with HDMV at any time by deactivating your Account(s) and discontinuing your use of the Services.

ii. Termination by HDMV. We may suspend, terminate, delete, or deactivate your Account(s) or stop providing you with all or part of the Services at any time for any or no reason, with or without notice, without liability to you.

iii. Survival. In the event of termination, whether by you or by us, Section 4 (Rights You Grant), Section 9 (Indemnification), Section 10 (Disclaimers; Limitation of Liability), Section 11 (Dispute Resolution), Section 12 (Miscellaneous), of these Terms shall survive.

b. Member Support. We care about your concerns, issues, thoughts, and suggestions. Please communicate to us using the appropriate Contact Us form on our website.

c. Copyright Infringement. If you believe Content on the Services infringes your copyright, you can reach our notification agent at Northwest Registered Agent, LLC, 622 W Riverside Ave., Suite N, Spokane, WA 99201 with an email to support@northwestregisteredagent.com. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

d. Integration. These Terms, including our Community Guidelines as applicable, and other Supplemental Terms and policies referenced herein, constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written), except that in the event of any conflict between these Terms and Supplemental Terms the Supplemental Terms shall control solely with regard to the Services to which they apply.

e. Updates. We reserve the right to amend these Terms and any Supplemental Terms at any time. We will notify you of any material changes as legally required. Such changes to the Terms and Supplemental Terms shall be effective immediately for new users of our Services. Changes to applicable policies and guidelines are effectively immediately unless otherwise stated. If you keep using HDMV Services after a change to Terms or any applicable Supplemental Terms is effective, you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Services and delete your Account(s).

f. Notices. Notice to HDMV under these Terms must be in writing and sent to HDMV using the relevant contact information set out in the introductory paragraph above. Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.

g. No Agency. These Terms do not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship between you and HDMV.

h. Miscellaneous. To the extent allowed by applicable law, the English version of these Terms is binding, and other translations are for convenience only. You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be withheld in our sole discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and the HDMV Entities, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you and the HDMV Entities. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties. or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete, and accurate, you shall notify us immediately.