DriveFactor Program Terms and Conditions
1. The DriveFactor device (the “Device”) plugs into the data port on vehicles that are model year 1996 and newer, and collects vehicle usage information.
2. You acknowledge and agree that all Devices are the property of DriveFactor and that DriveFactor retains all right, title, and interest in and to the Devices and the related firmware. You may not reverse-engineer, disassemble, decompile, alter, duplicate, translate, make copies of or create derivative works from the Device or related firmware, or otherwise attempt to derive the source code of the related firmware.
4. The Device uses a certain amount of current from the battery even when the vehicle is not turned on. You agree to assume all risk of using the Device in vehicles that have old or weak batteries, are driven primarily in cold and/or wintry conditions, or that may go extended periods without being started.
5. DriveFactor warrants the Device against any material failure or material defect in manufacture or workmanship for ninety (90) days from the date of delivery of the Device only.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. You shall promptly notify
DriveFactor in writing of any alleged defect. Warranty claims must be made by the original purchaser from DriveFactor. This warranty is not transferable to a third party. DriveFactor’s obligation under this warranty is limited to circumstances in which the Device has been used under normal conditions for which it was designed and has been installed, operated and maintained in accordance with the product specification and handling instructions. This warranty does not cover defects that were the result or misuse, improper installation or repair; alterations or modifications by you or any third party; any natural disaster; or any loss, damage, defect, claim or non-performance resulting from or attributable to your or any third party’s use of the product outside the range of DriveFactor’s
6. YOU AGREE THAT DRIVEFACTOR’S LIABILITY FOR DAMAGES CAUSED BY THE DEVICE SHALL BE EXPRESSLY LIMITED TO PROPERTY DAMAGE TO THE VEHICLE IN WHICH IT IS INSTALLED ONLY. FURTHER, DRIVEFACTOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY INJURY, OR DAMAGE TO OTHER VEHICLES OR PROPERTY CAUSED BY OR RESULTING FROM THE DEVICE HAVING BEEN INSTALLED IN THE VEHICLE.