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Welcome to RottenDriver.com (the "Site"). This Site is comprised of various Web pages owned and operated by Public Service Entertainment LLC or its affiliates (collectively "PSE", "we" or "us") for your ("you" or "your") personal entertainment and use. Your submission of information to, and access and use of, this Site is subject to the terms and conditions of the terms of use set forth below ("Terms of Use"). The Terms of Use govern your use of the Site and all services related to it. By submitting information to and/or accessing and browsing this Site you accept and agree to abide by, without limitation or qualification, the Terms of Use. If you do not agree to be bound by the Terms of Use, do not use this Site.

INTERNET TECHNOLOGY AND THE APPLICABLE LAW, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PSE RESERVES THE RIGHT TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE SITE WILL INDICATE YOUR ACCEPTANCE OF THESE MODIFIED TERMS OF USE.

THIS SITE IS OWNED, CONTROLLED AND OPERATED BY PSE SOLELY FOR ENTERTAINMENT PURPOSES.

1. Privacy Policy. PSE's use, and/or disclosure, of information or related data which we may collect from, or about, you shall be governed by our Privacy Policy, which is posted on the Site and incorporated herein by reference. PSE reserves the right to amend, or revise, its Privacy Policy from time to time, in its sole discretion. Please review the Privacy Policy and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

2. Accounts. You may create an account at the Site and gain access to additional website content and features. You agree that you are responsible for maintaining the confidentiality of information related to your account, including login and password information, and for restricting access to your computer. You agree to accept responsibility for all activities conducted at the Site by persons using your Account information.

You will not use this Site for any illegal purpose or in violation of any applicable laws or regulations, nor will you engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.

Minors are not permitted to create Accounts at the Site.

3. Reports. When you observe an incident of driving behavior that is, in your opinion, rotten (an "Incident"), you may report the license plate and state (a "Report") to the Site. You may submit a Report by phone, from a page on the Site, or by sending an electronic mail message in a certain format, that includes the vehicle's license plate number, to a certain address. You must have an Account at the Site in order to submit Reports.

You may submit Reports only for non-commercial vehicles. You may submit one report for any one Incident. You may not submit more than one report for a single Incident. You may not submit a report without observing an Incident.

PSE DEMANDS THAT ALL USERS SUBMITTING REPORTS DO SO IN A SAFE MANNER AND ONLY WHEN DOING SO WILL NOT ENDANGER THE USER'S SAFETY OR THE SAFETY OF OTHERS, AND THAT USERS OBSERVE AND COMPLY WITH ALL REGULATIONS GOVERNING PHONE USE WHILE DRIVING.

PSE does not endorse, and takes no responsibility and assumes no liability for, any Report made by you or by anyone using the Site. PSE reserves the right, but not the obligation, to remove or restrict Reports in its sole discretion. By making Reports, you grant PSE and its affiliates a nonexclusive, perpetual, irrevocable, royalty-free, right to use, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the Reports, in any form, in any media (now known or hereafter created), and for any purpose, and to sublicense any or all of the foregoing rights to others. Reports will not be confidential and may be published or disclosed in PSE's sole discretion, without any compensation to you. RottenDriver.com will not accept, publish, or retain Reports containing information other than license plate numbers and "rotten" driving opinions.

You agree that you are responsible for Reports submitted by users logged in to your Account, from the phone number associated with your account, or sent from the email address associated with your Account and that the Reports are your genuine opinion based on the driving behavior you personally witnessed. You agree that you will not make any Report for a purpose or with an intent that is untruthful, unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy.

4. Other Use of the Site. Visitors to the Site may view certain information determined in the discretion of PSE, including the number of times certain license plates have been reported, provided that the information is used only for entertainment purposes.

You will not use this Site for any illegal purpose or in violation of any applicable laws or regulations, nor will you engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.

5. Password or Login Information. You are solely responsible for managing any password or other login information that you may use on the Site. You agree that you are responsible for all activities conducted at the Site by any persons using your Account information.

6. Copyrights. All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned and controlled by PSE, by third parties who have licensed their material to PSE, or by advertisers on RottenDriver.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without the express written permission of PSE. All contents of the Site are copyrighted under: Copyright © 2005-2007 Public Service Entertainment LLC. All Rights Reserved.

7. Trademarks. RottenDriver.com™, and the rotten driver logo are trademarks and service marks of Public Service Entertainment LLC.

8. License and Site Access. PSE grants you a limited license to access and use this Site purely, and only, for entertainment purposes. You may not use the Site for any other purpose. You may not download (other than page caching) or modify the Site, or any portion of it, except with the express written consent of PSE. This license does not include, and on the contrary specifically prohibits: any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant or service provider; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site, nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of PSE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PSE and its affiliates without the express written consent of PSE. You may not use any meta-tags or any other "hidden text" utilizing PSE's name or trademarks without the express written consent of PSE. Any unauthorized use terminates all permissions and licenses granted to you by PSE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, PSE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. For linking to any other page within the Site other than the home page, you must obtain the prior written consent of PSE. You may not use any PSE logo or other proprietary graphic or trademark as part of the link without PSE's express written permission.

9. Submission of Information. PSE reserves the right to refuse service, deactivate Accounts, remove Accounts, and remove or edit content. Any communication or material you transmit to the Site by electronic mail or otherwise, including any license plate Reports, data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of PSE, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, sale, license, and posting. Please review our privacy policy for additional information.

10. Use of Information. This Site contains information which may be derived in whole or in part from materials and information supplied by our users and other sources. While the Site is for entertainment purposes only, and therefore the materials and information on the Site should be treated accordingly, PSE makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information contained on this Site, which is subject to deletion, addition and change at any time without notice from PSE. PSE does not ensure the accuracy of, nor endorse or recommend, any information contained on this Site and your use of any such information is at your own risk. The information contained on this Site cannot be considered complete and PSE undertakes no commitment to update the information contained on this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained on this Site.

11. Disclaimer of Warranties. ALL OF THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. PSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS SITE, ITS CONTENTS OR ITS SERVICES. No information, response, or guidance, whether oral or written, received by you from PSE or this Site shall create any warranty. PSE can not, and does not, ensure, represent, or warrant that multiple Reports for the same incident have been, or will be in the future be, submitted by persons making Reports, despite their being advised not to do so. While all submitters are required, as part of their acceptance of these Terms of Use, to represent that they are making truthful Reports and abiding by all of the Terms of Use, PSE can not ensure such compliance.

12. Limitation of Liability. IN NO EVENT SHALL PSE OR ITS AFFILIATES BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, USERS, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, PSE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE SUBMITTED INFORMATION TO, OR POSTED INFORMATION ON, THIS SITE OR FOR ANY INFORMATION SUBMITTED TO, OR POSTED ON, THIS SITE BY SUCH PARTIES. PSE SHALL NOT BE LIABLE FOR ANY TORTS, INTENTIONAL OR OTHERWISE, CAUSED BY USERS OR ANY OTHER PERSON OR ENTITY USING THIS SITE. THIS PROVISION SHALL SURVIVE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU ARE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE OR THE SERVICES OF PSE.

13. Third Party Sites. As a convenience to users, RottenDriver.com may provide links on the Site to web sites maintained by others. PSE has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. PSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by PSE of the site or any association with the site's owners or operators. Your use of such third party Web sites is subject to the terms and conditions of use and the privacy policies of such Web sites.

14. Minors. RottenDriver.com is not targeted to, nor intended for use by, anyone under the age of 18. By accessing RottenDriver.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or create an Account at RottenDriver.com. PSE reserves the right to terminate your Account in the event it becomes aware you are under 18.

15. Indemnification. Each user of this Site agrees to indemnify, defend and hold PSE harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or resulting from (a) such user's breach of any provision of these Terms of Use, (b) such user's negligence, recklessness, or willful misconduct, or (c) a claim that information submitted to this Site infringes the intellectual property or proprietary rights of a third party.

16. Term and Termination. These Terms of Use are effective until terminated by either you or PSE. PSE may terminate your use at any time by prohibiting you from accessing the Site, by notifying you via e-mail, or by any other means. You may terminate the Terms of Use at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained under the headings Copyrights, Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification, Term and Termination, and General shall survive any such termination.

17. Reliance on Information. This Site may include inaccuracies or typographical errors, including without limitation, inaccurate license plate numbers, that may or may not be corrected at PSE's discretion. The information on RottenDriver.com is for entertainment purposes only and you should not rely on any information contained on the Site.

18. Dispute Resolution. Any controversy, claim or dispute arising out of or relating to your use of the RottenDriver.com site or service, shall be settled solely and exclusively by binding arbitration in San Diego County, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of American Arbitration Association ("AAA"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by AAA; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the AAA's rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing of an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

19. Consent to Electronic Communications. You consent to receive communications from us about your use of the Site electronically, either by e-mail or by notices posted on this Site. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication.

20. General. This Site is controlled and operated by PSE from its offices within the State of California, United States of America. PSE makes no representation that the materials or information on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of California. Any action you, any third party, or PSE brings to enforce these Terms of Use or in connection with any matters relating to this Site may be brought only in either the state or federal courts located in San Diego County, California, which courts shall be the exclusive venue for judicial proceedings, and you expressly consent to the jurisdiction and venue of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement and understanding between you and PSE and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.

 
 

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