Last Updated: Jun 9, 2020
This Membership Agreement sets forth the terms and conditions on which
Drive Headquarters,Inc. ("BA", "DriveHQ", "we" or "us"), offers Business Questions and Answers service to registered users
of BA.DriveHQ.com ("members", "customer", "you" or "users").
Note: this agreement does not apply to users of
(a DriveHQ business division) or users of
DriveHQ.com, if they don't use
BA users can use DriveHQ.com service if they accept
DriveHQ.com's membership agreement.
DriveHQ.com users can use BA service if they also accept this membership agreement.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A
MEMBER. YOU ARE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A
The Membership Agreement is comprised of
In light of the evolving nature of cloud-based services, BA may post a notice on the Site, or
broadcast messages through emails, to inform you of changes to this
Membership Agreement, the Service, or other matters of importance. Such posting
or broadcasting will constitute notice to you. Any amendment to the Membership
Agreement shall be effective immediately upon posting of the notice, or
broadcasting of the message. Your continued use of the Service after such notice
will reaffirm your agreement to be bound and to abide by this
Membership Agreement as amended.
2. The Service
The term "Service" includes all functionality made available by BA on or
through the Site (BA.drivehq.com), BA client software, mobile apps and API.
BA may add to, delete from, or modify the Service.
Unless explicitly stated otherwise, any new product,
service, information, software, tool or other feature that augments
or enhances the current Service, will be subject to this Membership Agreement.
3. Member's Privileges and Obligations
The Service is available only to users over the age of 14. In order
to use the Service, you must first register as a Member. You agree to provide
accurate user information, as prompted by the registration form, including but not limited to an
accurate email address where you can be contacted. Each Member is allowed to
have only one Membership. Membership is intended for personal or business use and may be
transferable. You must choose a password. You are responsible for any
activity that occurs under your user ID. You agree to immediately notify
BA of any unauthorized use of your user ID or any breach of security
in relation to the Service. You may use the Service only for your regular personal or business
use, subject to fair use. You shall not abuse our service, including but not limited to:
post low quality contents repeatedly; post illegal, inappropriate, spam or scam contents;
creating extremely high load to our servers; sending mass emails to a big mailing list;
use automated software or devices that keep connecting to BA services or creating too many concurrent connections, etc.
4. Private Contents, Shared Contents and Published Contents
Members can store, share and publish Member Contents on the Site. The
Member Contents may include user profile info, questions, answers, comments, document files, images, video, audio, music files, and
other materials, data, or text. Your Member Contents are linked to your user ID.
As a Member, you can store, share or publish your Member Contents.
NOTE: BA is mainly a public Question and Answers platform. Most user contents are public by default.
Private Contents: All contents in your account are public by default, except your private account information.
To access Private Contents, you must log on with your username and password first.
Public Contents: Your questions, answers, comments, product manuals and other contents are public and can be viewed by any users.
To avoid service abuse, only True Members and Paid Members can publish contents. We may block a user from posting contents
if the user abused our service
or violated any of our service terms or policies.
You agree not to post, send, transmit, upload, display, publish or distribute
through any part of the Site, any Content that:
- (a) Uses materials of others that are protected by copyright, trademark or
trade secrets, patent or other intellectual property law without the express
permission of the author or owner;
- (b) Contains false or misleading statement of facts or description of the
origin of the material or communications;
- (c) Violates anyone's copyright, moral rights, author's rights, trade secrets,
trademark rights, patent, or other intellectual property or other rights;
- (d) Interferes with the privacy rights of any person, or impersonates any person;
- (e) Contains a virus, may corrupt files or other content that may compromise or
harm the Site or any user thereof;
- (f) Constitutes a criminal offense, gives rise to civil liability, or violates
any applicable laws or regulations, or encourages anyone to break the law; or
advocates illegal activity.
You are responsible for creating and maintaining original copies of your Member Contents
prior to uploading or posting any content to the BA site.
5. Plans, Pricing and Payment
BA's basic service is free. The free service offers most of the functionality.
All users are recommended to use the free service first before ordering
a subscription. In general, BA does not offer refunds, but may offer service credits.
BA offers paid service plans for users who use our service to market their products or services. It allows
a user to post more contents, receive more views and link to his/her web page or product page.
BA may, at its sole discretion, elect to modify,
delete, reduce, augment, or discontinue the Service or any product, service,
feature, functionality on the Site, or institute a fee. BA shall not be
liable to you or any third party for any such changes.
BA's subscription services automatically renew, unless canceled by the customers.
Customers can make payments online manually, or they can save their payment profiles with BA for automatic debiting.
Other payment methods (such as Bank Wire, ACH or Check) are also supported by contacting BA customer support.
6. License Grant and Intellectual Property Rights
BA will not assume any copyright or ownership of contents uploaded/posted by members.
With respect to your Public Contents,
By posting or displaying Content on or through BA, you grant BA a worldwide,
non-exclusive, perpetual, sublicenseable and royalty-free license to use, copy, reproduce,
process, adapt, modify, create derivative works from, publish, transmit, display and distribute
such Contents in any and all media or distribution methods.
With respect to your Private Account information, you grant BA the right to access,
reproduce, and transmit any portions of your Private Account Information
in order to store and backup data, or trouble shoot and improve site
operations, and comply with applicable laws. BA will protect your privacy based on our Privacy Agreement.
As between BA and you: you will own your Contents, whether private or public;
you can delete or edit public or private contents at any time. BA
owns all right, title and interest (including all intellectual property rights)
in and to the Site, the Service, the technology, information, documents, files,
web pages and other products developed in connection with the Site or available
on the Site.
You agree not to translate, reverse engineer, reverse compile, disassemble or
create derivative works from software programming contained in the Site or the
7. Member Profiles
A Member Profile may contain a brief description of a Member's business,
personal interests, contact information and billing information.
Any information you place on your Member Profile is
inaccessible to other users, unless you have made it public.
You agree not to send transmissions through the Site
that attempt to hide your identity or represent yourself as someone else.
8. Responsibility for Member Content
BA does not review or screen any Member's private contents that a Member
uploaded to the Site or stored in the Site unless we have reasonable suspicion that a
member may have violated our membership agreement. BA's automated
system may index and screen the Member Contents. BA does not endorse
the contents or views of any member and is not responsible or
liable in any manner for any conduct by any member or for any member content.
Members are solely responsible for their contents that are uploaded to BA
for storage, backup, hosting, Sharing or Publishing. This includes, without limitation, responsibility for
the nature, content, subject matter, views that you express, share or publish
in your Member Contents.
You agree not to use the Service for illegal purposes. Your use of the Site,
the Service, and information available on the Site, is
subject to all applicable local, state, national and foreign laws and
regulations, and international treaties, including, without limitation, U.S.
laws regarding the transmission of technical data exported from the United
You represent and warrant that
- (a) you have the right to enter into this Membership Agreement without any other approvals;
- (b) you have the right to use, upload, share, publish the Member Content linked to your user ID;
- (c) you have the right to grant the licenses granted herein; and
- (d) the use by BA of the rights that you grant BA in this Membership Agreement
will not violate the rights of any third parties, including without limitation
your employer and your clients.
9. Code of Conduct
BA offers "Questions and Answers" platform and service to Members. To avoid service abuse,
BA has established the following parameters for any Member Content.
You agree not to post, send, transmit, upload, or otherwise publish any
- (i) Contains or displays any expression of bigotry, racism, or hatred, or is
ethnically offensive, objectionable or inappropriate;
- (ii) Is or might be perceived by BA or BA members or users, as
defamatory, libelous, disparaging, obscene, pornographic, profane, threatening,
abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or
inappropriate, including nudity, adult content, illegal content, content of a
sexual nature, and unacceptable language;
- (iii) Is inconsistent with the values or the spirit of the BA Community,
as determined by BA in its sole discretion;
- (iv) Interferes with anyone else's use of this Site
10. Service Abuses and Illegal Activities
It is strictly forbidden to abuse the Service or use the Service for the purpose of abusing
other services, including but not limited to: Posting bulk contents or repeated contents;
creating fake accounts;
manipulating opinions instead of answering questions.
asking questions about non-existent products/services; repeatedly writing low quality or irrelevant answers;
asking questions that are not related with a product / service (such as sports, politics or entertainment);
hacking or stealing other users information; Denial of Service (DoS) attack; assisting other illegal activities.
It is BA's policy to report suspected illegal activities to law
enforcement agencies and to cooperate fully with their investigations
11. Warranty, Disclaimer of Warranty
The Service and the Site, including all contents, products, services and
information made available or accessed through the Site, are provided "AS IS",
with no warranties of any kind. Uploading, downloading or transmitting any
Member Content through the use of the Service is at your own
risk and in your sole discretion. You will be solely responsible for any
damages to your computer system or loss of data, or any other damages that
result from such uploading, downloading or transmittal, or otherwise
BA makes no representation or warranty of any kind
- (a) that the Site or Service will meet your requirements;
- (b) that defects in the software for the Service will be corrected;
- (c) that the Service will be timely, secure, error free, uninterrupted;
- (d) that the Service or any content, product, services or information on the
Site are accurate, correct, reliable or complete;
- (e) that Member Contents stored on or
through the Site will not be altered, deleted or damaged, or will be available
for access, upload or download at all times or indefinitely;
- (f) that the Site or the Service is free of viruses or other components that
may infect, harm, or cause damage to computer equipment, data, software, or any
other property when you access, browse, download from, upload to, or otherwise
use the Service, the Site or any product or content on the Site;
- (g) that the answers on the Site are correct or reviewed by BA;
BA expressly disclaims all warranties of any kind, whether express or
implied, including but not limited to any warranty of merchantability, fitness
for a particular purpose or non-infringement of any products, content,
information or service published on, or available through the Site or the Service.
Some jurisdiction to not allow the exclusion of certain warranties, so some of
the above exclusions may not apply to you.
12. Disclaimer of Damages; Limitation of Liability
Even if BA, or any of its authorized representatives have been advised of
the possibility of such damages, under no circumstances (including but not
limited to DriveHQ's negligence), shall BA be liable for any direct,
indirect, consequential, incidental, special or punitive damages for any claim,
loss and/or causes of action, whether in contract, tort (including but not
limited to negligence) or otherwise. related to:
- (a) the quality, reliability, accuracy, completeness, of the Service;
- (b) any modification, alteration, publication, display, failure to store,
failure to index, loss, deletion, alteration, loss of access, or damages of or
to your Member Content, computer equipment, software, data, or any text, image,
video, music, sound, audio or other material that result from your use of the
Site or the Service;
- (c) any harm, errors, omissions, cost, losses, or damages arising from the use
of, or inability to use (whether because of interruption, suspension,
termination or otherwise) of the Site, the Service, Member Content or any
content, products, services or information provided on the Site
- (d) any failures, delays, misdeliveries, or interruptions in the Service or any
content, products, services or information on the Site;
- (e) any harm resulting from downloading or accessing any Member Content, or any
other content, products, services or information provided on the Site;
- (f) any unauthorized access to or alteration of Member Content or any breach of
security related to any server used by the Site or the Service; or
- (g) the cost of procurement of any substitute goods or services.
Some jurisdictions do not allow the exclusion or limitation of consequential or
incidental damages, and therefore, the above limitation may not apply to you.
Some Members may have additional rights.
If, despite the above limitations, BA were found responsible
to a Member for any reason whatsoever, this liability shall not exceed two
month's subscription fee paid by the member to BA.
It is BA's policy to respect the privacy of all of its customers. For
14. Site Contents
Domestic and foreign copyright, trademark, patents, and other intellectual
property rights law and international treaties, and other laws, protect all
material, data, text, images, photos, video, graphics, music, sound and audio
files available on the Site ("Site Contents"), both as individual works and as a
collection. Unless authorized, you may not copy, reproduce, display, perform
distribute, or create derivative works from the Site Content, without being
expressly authorized to do so by the owners of the intellectual property or
proprietary rights of such Contents.
15. Copyrighted Material
BA respects the intellectual property of others, and requires that its
users and Members do the same.
You may not place any material protected by copyright anywhere on the Site
without the express permission of the author or owner of the copyright in that
BA will promptly take down or block access to infringing or allegedly
infringing material on its servers if BA becomes aware that such
material infringes the copyright rights of a third party, whether BA
identifies such infringement in the course of its ordinary and reasonable
business activities, or through notification by a third party. BA will
promptly contact the Member responsible for the Member Content, and alert him
or her of the allegations of infringement, and of BA's take down or
blocking of the allegedly infringing material. If the Member believes that the
removal or blocking of his or her material was a result of a mistake or a
misidentification of the material, the Member shall provide BA a
counter-notification establishing the Member's rights to display the material
in question, as well as any other information BA shall request. Upon
receipt, BA will promptly forward the counter-notification to the party
that claims to be the copyright owner. If that party then does not file suit to
enjoin the alleged infringement, BA may unblock the material
within 14 days after receiving the counter notification.
If you believe that your work has been copied in a way that constitutes
copyright infringement, and appears on the Site, please provide BA the
- 1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- 2. a description of the copyrighted work that you claim has been infringed;
- 3. a description of where the material that you claim is infringing is located on the Site;
- 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 no authorized by the copyright 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 owner or
authorized to act on behalf of the copyright owner
You are responsible for your Member Contents and the consequences of its
use and publication, you agree to indemnify and hold BA, its parents,
subsidiaries, affiliates, officers, employees, licensors, contractors and users
harmless from and against any and all claims, demands, and expenses, including
attorneys' fees, made by any third party, due to or arising from:
- (a) your use of the Site or the Service;
- (b) your violation of this Membership Agreement;
- (c) your violation of a third party's privacy rights;
- (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or
other intellectual property rights;
- (e) any libelous or unlawful material contained within your Member Content; or
17. Force Majeure
BA is not liable for any failure of service resulting
directly or indirectly from causes beyond its reasonable control, including,
without limitation, failure of the Internet, power failure, failure of
computer, telecommunication or other equipment, strikes, labor disputes, riots,
insurrections, civil disturbances, shortage of labor or materials, fires,
floods, storms, explosions, act of God, war, governmental actions, orders of
domestic or foreign courts, non-performance of third parties.
18. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent
modification thereto, or become dissatisfied with the Service, the Site, or any
text, images, video, audio or other Site
Content, or any transaction entered into through the Site or Service, your only
recourse is to immediately discontinue use of the Service and notice BA
of such termination. The preceding sentence sets forth your sole and exclusive
remedy regarding any objection to the terms of this Membership Agreement, or
any dissatisfaction with the Service or the Site.
For free users, BA reserves the right, in its sole discretion, to temporarily disable or terminate your Service
(which includes to edit, delete, or remove any postings from the site) with or without notice, with or without cause,
and without liability of any kind. BA may also disable a paying member’s service if they are suspect or
guilty of violating these Terms. Reasons for suspending service include but are not limited to:
- (a) the use of services in a manner that will make BA legally liable;
- (b) the suspicion or detection of malicious activity such as phishing, spamming or hacking. If BA
in its determination elects to terminate or disable your Service access, we will use commercially reasonable
efforts to notify you through the Service and/or to the registered email addresses. By signing up with BA,
you acknowledge that if your access to the Service is suspended or terminated, you may not have access to the
Content stored with the Service. BA may retain certain or all materials for administrative, legal,
or other related reasons.
Paying members can cancel their subscriptions online at any time without contacting BA customer support.
Before or after canceling the subscription(s) online, the member shall pay the remaining balance.
The member can delete all his contents after canceling the subscription. If the user does not delete contents, BA may: deactivate all links in
the content; throttle page views; delete some or all contents; display other advertisement in the content.
Free service members can delete their BA accounts by first deleting their contents in their BA accounts.
Actual Account Deletion for free service members will be processed later
in batch operations. Free service members can also delete their accounts online or contact BA customer
support via email. It is recommended to keep the free service account.
Unlike DriveHQ.com, BA does not require Free Service Members to log on periodically
to maintain account Active Status.
If in a rare case BA terminates a Paying Member's membership without the user breaching this Agreement,
BA shall provide at least 3 months' advanced notice. Such notice is not required if the member breached
the service agreement, or if the member engaged in any illegal activities, such as Spamming,
Hacking, Attacking, Scamming, Phishing emails / websites, etc.
BA has a standard no-refund policy. Members are recommended using the free service first before paying
for the service. Members can also order monthly service vs. annual service to minimize the risk. The no-refund
policy is created to prevent service abuses and lower operational cost so that BA can pass the cost-savings
to its customers. Members can request a service credit if they have un-used credit of more than one month.
The un-used service credit can be used later, transferred to another BA,
If in a very rare case BA terminates a Paying Member's membership without the Member breaching this Agreement,
BA shall offer prorated refund to the member. If in a very rare case, BA terminates a Free-Service
user's membership without the user breaching this Agreement, BA shall allow the user to download his/her contents within
a time frame of at least 1 month.
If the free service user has deposited money in its BA account and the membership is less than 2 years,
BA shall offer prorated refund to the user. If the membership is over 2 years, there will be no refund.
19. Notices & Questions
All notices from a Member to BA shall be in writing, and shall be made
or delivered to BA via email, fax or conventional mail. BA notices
may be posted on BA.drivehq.com or send via email, fax or regular mail.
If you have any question about the Service or this Membership Agreement, please
feel free to contact us at firstname.lastname@example.org.
20. Choice of Law
This Membership Agreement shall be constructed and controlled by the laws of
the State of California, excluding its conflict of law provisions. With the
exception of BA's rights to pursue injunctive relief in any court of
competent jurisdiction, you agree to submit to the exclusive jurisdiction of
the state and federal courts of the State of California.
This Membership Agreement constitutes the entire agreement between you and
BA with respect to the Service; and your Member Content, and it
supersedes any other agreement, proposals and communications, written or oral,
between you and any BA representatives with respect to the Service and
your Member Content.
If a court of competent jurisdiction holds that any provision of this
Membership Agreement is illegal, unenforceable, or contrary to law, such
provision shall be construed, as nearly as possible to reflect the original
intent of this Membership Agreement, with the other provisions remaining in
full force and effect.
Any failure by BA to exercise or enforce any right or provision of this
Membership Agreement shall not constitute a waiver of such rights or provision
unless BA acknowledges and agrees to it in writing.
You and BA agree that any cause of action arising out of, or related to
the Service or the Site must commence within one (1) year after the cause of
action arose, otherwise, such cause of action is permanently barred.