Welcome to DMV SQ Terms of Service.
These Terms of Service ("Terms") govern your access to and use of DMVSQ (sometimes referred to herein as “us” or “we”), including www.dmvsq.com and any other DMVSQ websites ("Services"), information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You may use the Services only if you can form a binding contract with DMVSQ and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that DMVSQ provides are always evolving and the form and nature of the Services that DMVSQ provides may change from time to time without prior notice to you. In addition, DMVSQ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You agree that DMVSQ will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by DMVSQ on the Services are subject to change. In consideration for DMVSQ granting you access to and use of the Services, you agree that DMVSQ and its parent, third party providers and partners may place such advertising on the Services.
You agree to pay for any and all products and services that you purchase through the Services and you agree that we may charge your credit card for them.
ALL SALES MADE THROUGH DMV SQ ARE FINAL. When you use DMVSQ to pay fees to the Department of Motor Vehicles (“DMV”), the DMV withdraws the amount of those fees from DMVSQ’s bank account. Because the DMV will not issue refunds to DMVSQ, DMVSQ cannot issue refunds to you. You agree that DMVSQ is not responsible for non-delivery of your order. You agree that shipping and express shipping are not available weekends and holidays. The above return policy applies to all purchases made through the Services.
You understand, acknowledge and agree that once DMVSQ receives your order, DMVSQ is entitled to and has earned its service fee as it has already performed services in verifying your information with the DMV. We are not responsible for incorrect information provided to us by you or by others on your behalf. We are not responsible for any delays on the part of the USPS or any courier service and we are not responsible for any lost, damaged or mutilated items.
YOU AGREE NOT TO USE A CHARGEBACK PROCEDURE TO INTERFERE WITH ANY DMV SQ ORDER. DMVSQ reserves the right to pursue civil or criminal charges against you for using a chargeback to cancel a DMVSQ order in violation of this Agreement.
DMVSQ cannot change the physical address on your vehicle registration; you must contact the DMV directly.
Unless otherwise expressly authorized by DMVSQ or within the Services, you agree not to display, distribute, license, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Unless otherwise expressly agreed by DMVSQ, the Services are for your personal use.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You agree to immediately notify DMVSQ of any unauthorized use of your password or account or any other breach of security. DMVSQ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES, WITH OR WITHOUT REGISTERING.
IF YOU ARE UNDER 18 YEARS OLD, YOU MAY USE THE SERVICES, WITH OR WITHOUT REGISTERING, ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, DMVSQ needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for DMVSQ to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with DMVSQ for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by DMVSQ, or other companies, organizations or individuals who partner with DMVSQ, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. DMVSQ will not be responsible or liable for any use of your Content by DMVSQ in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use the Services
DMVSQ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by DMVSQ as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DMVSQ, in the manner permitted by these Terms.
7. DMVSQ Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of DMVSQ and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. DMVSQ reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding DMVSQ or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, DMVSQ's computer systems, or the technical delivery systems of DMVSQ's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DMVSQ (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with DMVSQ; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
DMVSQ respects the intellectual property of others, and We ask Our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify DMVSQ of Your infringement claim in accordance with the procedure set forth below.
DMVSQ will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DMVSQ's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact Us by mail at:
To be effective, the notification must be in writing and contain the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that You claim has been infringed;
(3) a description of where the material that You claim is infringing is located on the Service, with enough detail that We may find it on the Service;
(4) Your address, telephone number, and email address;
(5) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
In accordance with the DMCA and other applicable law, DMVSQ has adopted a policy of terminating, in appropriate circumstances and at DMVSQ’s sole discretion, Users who are deemed to be repeat infringers. DMVSQ may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or DMVSQ as follows. You may end your legal agreement with DMVSQ at any time for any reason by contacting us at email@example.com to deactivate your account and discontinuing your use of the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect DMVSQ's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of DMVSQ and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "DMVSQ Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, DMV SQ ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DMVSQ Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DMVSQ Entities or through the Services, will create any warranty not expressly made herein.
You agree to release, indemnify and hold DMVSQ and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Service, any User Content, Your connection to the Service, Your violation of these Terms of Service or Your violation of any rights of another.
If You are a California resident, You waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DMVSQ Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DMV SQ 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, GOOD-WILL, 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 USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DMV SQ ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DMV SQ, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DMV SQ ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
The failure of DMVSQ to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
This Agreement shall be deemed to have been made in, and shall be construed in accordance with, the laws of the State of California, and its validity, construction, interpretation and legal effect shall be governed by the laws of the State of California applicable to contracts entered into and performed entirely therein. The Parties agree that the state and federal courts located in Alameda County, California shall have sole and exclusive jurisdiction to adjudicate any dispute that may arise under this Agreement. The Parties consent to venue, service of process and personal jurisdiction in the state and federal courts located in Alameda County, California for purpose of adjudicating disputes arising under this Agreement. Each Party waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.
YOU AND GUMJI AGREE THAT: (1) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE ARISING FROM YOUR USE OF THE SERVICE TO BE ADJUDICATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (3) NO DISPUTE SHALL BE JOINED WITH ANY OTHER DISPUTE
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. DMVSQ may be contacted in writing at 38003 Mission Blvd. STE B, Fremont, CA, 94536
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be at www.dmvsq.com/terms.html. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms
These Services are operated and provided by DMV SQ, 38003 Mission Blvd. STE B, Fremont, CA, 94536. If you have any questions about these Terms, please email us at firstname.lastname@example.org.
Effective: June 30, 2016