TERMS AND CONDITIONS AGREEMENT
This Terms and Conditions Agreement (this “Agreement”) describes the terms and conditions applicable to your use of the services of 2 Drunk Drivers, LLC, a New Jersey limited liability company (“2 Drunk Drivers”). By clicking the “I Agree” button below and completing the registration process, you (the “Customer”) are agreeing to be bound by the terms and conditions as set forth in this Agreement. 2 Drunk Drivers is sometimes referred to herein as “we” and Customers are sometimes referred to as “you” or with “your” PLEASE READ THIS AGREEMENT CAREFULLY.
1. Use of Services.
2 Drunk Drivers reserves the right to adjust, at any time, the fees for its services. Customer understands that 2 Drunk Drivers services are available on a first come first serve basis and may not be available when a customer requires such service unless booked in advance. In addition, customer understands that on occasion, due to the nature of the service, it may take longer than anticipated for one of our drivers to get to your location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances. In such cases, a customer agrees to hold 2 Drunk Drivers and its employees and agents harmless for any situation or circumstances that may arise as a result of any such delay. In other words, if we are late do not make the bad decision to drive home or anywhere else under the influence! Further, do not do anything that would create liability for yourself.
2. Customer’s Insurance Requirements.
Customer understands that drivers provided by and through 2 Drunk Drivers will not drive any automobile that does not fully comply with all of the applicable laws of the state in which the customer’s vehicle is registered, including but not limited to laws governing insurance, registration and safety equipment. Customer warrants that by their request to have one of 2 Drunk Drivers’ drivers operate a vehicle in customer’s possession and control that said automobile is lawfully within customer’s possession and control, and that said vehicle is in full compliance with all applicable laws of the state in which the customer’s vehicle is registered, including but not limited to any law governing insurance, registration and safety equipment. Customer further warrants that customer and/or the vehicle in customer’s possession and control is covered by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements of the state in which the customer’s vehicle is registered and insures customer, the automobile in customer’s possession and control and 2 Drunk Drivers’ driver. Customer understands that in the event of an accident while being driven by one of 2 Drunk Drivers’ drivers, whether or not 2 Drunk Drivers’ driver is at fault in such accident, the customer’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. Customer agrees to indemnify 2 Drunk Drivers and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against 2 Drunk Drivers and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages not paid for by customer’s insurance coverage or insurer.
3. Assumption of Risk.
Customer is aware and acknowledges that the use of the services provided by 2 Drunk Drivers involves an inherent risk of injury, death, and property damage to customer and customer’s guest and invitees. In addition to the inherent risks involved in the operation of an automobile in the possession and control of customer on public and private roadways, customer is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of 2 Drunk Drivers and its and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. Customer voluntarily agrees to assume all risks of injury, death, and property damage to customer and any and all passengers of the automobile operated by 2 Drunk Drivers and customer waives any and all claims or actions that customer may have against 2 Drunk Drivers and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees.
4. Release of Liability.
Customer releases 2 Drunk Drivers and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to customer and customer’s principals, 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 this Agreement or 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 I, THE CUSTOMER BEARS SOLE RESPONSIBILITY FOR ANY LOSS. NOTWITHSTANDING THE
FOREGOING, IN NO EVENT SHALL 2 DRUNK DRIVERS ASSUME LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF THE MOST RECENT ONE YEAR’S FEES PAID BY ME, THE CUSTOMER TO 2 DRUNK DRIVERS FOR ITS SERVICES.
5. Indemnification by Customer.
Customer agrees to indemnify, defend and hold harmless 2 Drunk Drivers and its agents, successors, licensees, assigns, affiliated companies, 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 customer by 2 Drunk Drivers and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees;
(ii) the breach of any of the representations and warranties of customer contained in this Agreement; and (iii) the breach of any covenant or agreement of customer under the terms of this Agreement. The indemnification provision set forth in this paragraph applies to the acts, If customer shall fail to promptly indemnify the applicable party after written notice from 2 Drunk Drivers, 2 Drunk Drivers shall have the right to adjust, settle, litigate and take any other action 2 Drunk Drivers deems necessary or desirable for the disposition of any such Claim, as determined by 2 Drunk Drivers in its reasonable judgment. In any such event, customer shall reimburse 2 Drunk Drivers on demand for all amounts paid or incurred by 2 Drunk Drivers as a result
6. TIME FOR CLAIM.
Notwithstanding any statute to the contrary, any claim arising from or relating to this Agreement (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises.
7. BINDING ARBITRATION.
Any dispute between any of the parties hereto or claim by a party against another party arising out of or in relation to this Agreement or in relation to any alleged breach thereof 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 New Jersey or such other location as the parties in dispute hereafter may agree upon; and such proceedings shall be governed by the laws of the State of New Jersey as such laws are applied to agreements between residents of such State entered into and to be performed entirely within such State. There shall be one arbitrator, as shall be agreed upon by the parties in dispute, who shall be an individual
skilled in the legal and business aspects of the subject matter of this Agreement and of the dispute. In the absence of such agreement, each party in dispute shall select one arbitrator and the arbitrators so selected shall select a third arbitrator. In the event the arbitrators cannot agree upon the selection of a third arbitrator, such third arbitrator shall be appointed by the American Arbitration Association at the request of any of the parties in dispute. The arbitrators shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement and of the dispute. The decision rendered by the arbitrator or arbitrators shall be accompanied by a written opinion in support thereof. Such decision shall be final and binding upon the parties in dispute without right of appeal. Judgment upon any such decision may be entered into in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision and an order of enforcement. Costs of the arbitration shall be assessed by the arbitrator or arbitrators against any or all of the parties in dispute, and shall be paid promptly by the party or parties so assessed.
2 Drunk Drivers may amend the terms and conditions of this Agreement 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 with respect to existing customers ten (10) days following such posting. Alternatively, 2 Drunk Drivers may or may not email all customers whom have provided such, a notice of amended terms and conditions, in which case, such amended terms and conditions shall be effective on the date indicated in such notice.
9. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.
This Agreement and the rights and obligations hereunder shall not be assignable or transferable by customer without the prior written consent of 2 Drunk Drivers, which consent may be withheld in 2 Drunk Drivers absolute discretion.
11. UNENFORCEABLE PROVISIONS.
If any term or provision of this Agreement 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 the Agreement, 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.
12. GOVERNING LAW.
This Agreement shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed entirely within such State, including all matters of enforcement, validity and performance.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
14. ENTIRE AGREEMENT.
This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the customer and 2 Drunk Drivers and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement, nor is any party relying on, any representations or warranties outside those expressly set forth in this Agreement.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.