Last Updated: May 15, 2024

Welcome to Mindr

Thank you for choosing Mindr and its family of brands, which include Alcohol Detection Systems Technology, Breathe Easy, DUICare, DUI.org, Intoxalock, and Keeper (“We” or “Mindr”). By (i) using our websites, or (ii) submitting an online contact request about the products and services provided through or in connection with our websites or affiliated websites (collectively, “Service”), you are agreeing to our Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE AND SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE THE SERVICE OR VISIT THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms of Use may be modified periodically. The date of the most recent revision is displayed above. By using this website or by accessing or using the Service, you agree to visit the Terms of Use periodically and to review any changes that have been made.

1. BINDING ARBITRATION AND CLASS ACTION WAIVER

1.1     YOU AND MINDR AGREE TO RESOLVE ANY DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT AS DISCUSSED BELOW. YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THESE TERMS OF USE, AS A COURT WOULD. HOWEVER, ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE TO COURT, INCLUDING THE REVIEW OF ANY DECISION OR RESULT. If you do not want to be subject to this arbitration provision, you may opt out. To do so, prior to initiating the initial dispute resolution process described in Section 1.2 below, you must send written notice to Mindr, Attn: Legal Department, 11035 Aurora Ave., Des Moines, IA 50322, stating your intent to opt out of this arbitration provision, as well as your name, mailing address, and account number, if applicable. Should you not opt out of this arbitration provision prior to initiating the initial dispute resolution process described in Section 1.2 below, you and Mindr shall be bound by the terms of this arbitration provision.

1.2     Initial Dispute Resolution. Except for intellectual property and small claims court cases, you and Mindr agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation with the other, and good faith negotiations shall be a condition to either party initiating arbitration.

If within a period of thirty (30) days from the time an informal dispute resolution is initiated under the Initial Dispute Resolution provision above the parties do not reach an agreed-upon solution, either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

1.3     You and Mindr agree that the Federal Arbitration Act applies to these Terms of Use.

1.4     You and Mindr agree that, except for small claims court cases, any dispute that in any way arises out of or relates to (i) these Terms of Use, (ii) the collection, use, processing, sharing or disclosure of your personal or biometric information, (iii) the Service, (iv) any advertising for any of our or our affiliates’ products or services, (v) any disputes you have with our employees or agents, or (vi) any disputes about whether this arbitration provision is enforceable, will be resolved by arbitration by one or more neutral arbitrators before the American Arbitration Association (“AAA”). You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This agreement to arbitrate continues to apply even after you have stopped using the Services or our affiliates’ products and services.

1.5     Unless you and Mindr agree otherwise, the arbitration will take place in the state and county in which you reside. The AAA’s consumer arbitration rules will apply. You can get procedures, rules and fee information from the AAA, which you can find at www.adr.org.

1.6     You and Mindr agree that for claims within the jurisdictional limit of the small claims court in the state in which you reside, either you or Mindr can choose to bring an individual action in small claims court instead of proceeding in arbitration. Furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or Mindr may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that choice in writing. If the limitation on bringing actions to small claims court is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration. In no way will this provision allow for an action to be brought on a class or collective basis.

1.7     THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

1.8    If either of us intends to seek arbitration under these Terms, the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration. Notice to arbitrate should be sent to Consumer Safety Technology, LLC, Attn: Legal Department, 12421 Meredith Drive, Suite 100, Urbandale, IA 50323. The notice must include enough information to allow us to identify your account if applicable, as well as to assess and attempt to resolve your claim, including the name of the user or Mindr account holder, a description of the claim, the specific facts supporting the claim, the damages you claim to have suffered and the relief you are seeking. The notice requirement is designed to allow Mindr to make a fair, fact-based offer of settlement if it chooses to do so. You cannot proceed to arbitration unless you provide this information. The sufficiency of this notice is an issue to be decided by a court prior to the filing of any demand for arbitration. If you have provided this information and we are unable to resolve our dispute within 60 days, either party may then proceed to file a claim for arbitration. Mindr will reimburse any filing fee that the AAA charges you for arbitration of the dispute. If that arbitration proceeds, Mindr will also pay any administrative and arbitrator fees charged later. If the arbitrator determines that your claim was filed for purposes of harassment or is patently frivolous, the arbitrator will require you to reimburse Mindr for any filing, administrative or arbitrator fees associated with the arbitration. If you choose to be represented by an attorney and prevail in the arbitration, Mindr will reimburse all reasonable attorneys’ fees, as determined by the arbitrator.

1.9     If any provision of this Section 1 is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Section 1 shall remain operative and binding on you and Mindr. Notwithstanding the foregoing, if for some reason the prohibition on class arbitrations set forth in Section 1.7 cannot be enforced as to all or part of a dispute, then the agreement to arbitrate will not apply to that dispute or part of the dispute.

IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY LITIGATION, ACTION, PROCEEDING, CROSS CLAIM, OR COUNTERCLAIM IN ANY COURT (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO OR IN CONNECTION WITH (i) THESE TERMS OR THE VALIDITY, PERFORMANCE, INTERPRETATION, COLLECTION OR ENFORCEMENT HEREOF OR (ii) THE ACTIONS OF SUCH PARTY IN THE NEGOTIATION, AUTHORIZATION, EXECUTION, DELIVERY, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

2. Using our Service

You agree that by using this website, you do not obtain ownership rights in any of the website’s text, design, code, graphics or any other aspect of its content. You acknowledge Mindr’s intellectual property rights in the same, and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of Mindr. You agree that Intoxalock.com and other names, slogans, and graphics on this website are state, federal, and/or common law trademarks of Mindr. Other marks used on the website may be the property of Mindr and/or other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.

Mindr has created, commissioned or licensed all aspects of this website and possesses copyright, trademark and/or other intellectual property rights in the website and its contents. You are given a limited license to use the website in accordance with these Terms of Use. Any unauthorized use is strictly prohibited. You acknowledge and agree that you may not reproduce any aspect of this website in any other forum without the advance written permission of Mindr. You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features. You further agree not to take any actions that would interfere with the website’s operations.

3. Age Requirements

You agree that you are at least 15 years of age and that, if you are under 15 years of age, you have been given permission by a parent or guardian to access the website. This website is designed for use by adults residing in the United States. If you access this website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.

4. Notices and Consent to Doing Business Electronically

From time to time, you will receive disclosures, notices, documents and information (“Communications”) from us, or our respective agents (collectively, “we” or “us”). We may provide you with notices, including those regarding changes to the Terms of Use, either by email or regular mail. In order to give you the benefits of the Service, our business may need to communicate with you through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving Communications from us electronically.

Electronic Communications. You agree and consent that all Communications from us may be provided or made available to you electronically by e-mail or at our respective website(s). If you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below. We may always, in our sole discretion, provide you with any Communication via paper, even if you have chosen to receive it electronically. Sometimes the law, or our Terms of Use, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through our website(s). To access and retain the Communications electronically, you will need to use a computer with internet access that supports 128-bit encryption, which includes Apple Safari version 4 and above, Google Chrome, Internet Explorer 7.0 or above, Firefox 3.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.

Mobile Technology. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find applications that support printing and saving for most mobile devices through your mobile device’s application store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Communications.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by notifying Mindr in writing and mailed to: Attn Legal Department, 12421 Meredith Drive, Suite 100, Urbandale, IA 50323.

Changes in Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can also contact us by the phone numbers listed on each business’ website.

5. Security and Confidentiality

If you have been given a password to access a secured area of the site, you agree to keep that password confidential and to notify Mindr if you suspect that your account has been compromised. If Mindr believes you have violated these Terms of Use, it may disclose information it has gathered about you to the extent that such disclosure is necessary to (i) comply with an investigation, legal process or requirement; (ii) enforce an agreement you have with us; (iii) respond to claims that any information or content violated the rights of a third-party; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Mindr, its users and the public.

6. Content Copyright

You agree that you have read the Privacy Notice which is incorporated herein by reference. If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. Mindr has the right, but not the obligation, to review and/or remove any user posted material.

Any content, ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of Mindr with no compensation of any kind due to you for any use by Mindr including, without limitation, the reposting or display of such commentary or ideas. By submitting information to Mindr and/or its affiliates, you acknowledge that Mindr may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant Mindr all rights in your submission.

7. Not Legal Advice

We are not a law firm and do not provide legal advice. Our website is not a substitute for legal advice or the services of an attorney.

The accuracy and completeness of the generic legal content on the website is not guaranteed, nor is it guaranteed to be up-to-date. While we try to provide current and accurate legal content, the law changes often and varies from jurisdiction to jurisdiction.

The generic legal content we provide is not intended to address specific circumstances nor is it customized to you and your situation. Thus, if you need legal advice for your specific circumstances, you should contact an attorney licensed in your state.

The use of our website does not create an attorney-client relationship between you and Mindr. We do not review information you provide to us for legal sufficiency or accuracy, nor do we provide legal opinions or recommendations about your legal rights or remedies specific to your circumstances.

8. Warranties and Disclaimers

You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify Mindr and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on Mindr’s use of the content or idea.

If you create an account or upload or post any content to the website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate.

Mindr is not responsible for any websites owned by third parties which may be linked to this website. You agree that Mindr has no obligation to allow you to use the website and that your access may be denied at any time for any reason.

You may not use the website to break any law. If your actions using the website cause harm to Mindr or any third-party, you hereby agree to indemnify Mindr, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.

9. Modifying and Terminating our Service

In order to keep our services as up to date and secure as possible, we are always updating them. We reserve the right at any time to modify or remove the features or functions of our website(s) with or without notice. You agree that Mindr shall not be liable to you or any third-party for any modification, suspension or discontinuance of Service.

Mindr reserves the right to modify these Terms of Use at any time in its sole discretion, in accordance with applicable law. You acknowledge that it is your responsibility to check these Terms of Use periodically for any changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to any changes to the Terms of Use.

You agree that Mindr may, under certain circumstances and without prior notice, immediately terminate your access to our website(s) or Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms of Use or other incorporated agreements or the Privacy Notice; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in Mindr’s sole discretion and that Mindr shall not be liable to you or any third-party for any termination or access to our website(s) or Service.

10. About These Terms

These Terms of Use and our Privacy Notice constitute the entire agreement between you and Mindr regarding your use of this website and Service, and supersedes any and all other prior written or oral agreements (except for an applicable Lease, Service or Customer Agreement) or understandings between you and Mindr regarding this website. Mindr’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and you agree that such failure shall not inhibit Mindr’s right to enforce such terms in the future based on laches, estoppel or any other legal doctrine. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Your use of this website is at your own risk. Neither Mindr nor its owners, authors, or affiliates offer any representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to, statements made within blogs, comment sections or other posts) or representations as to the percentage or length of time the website will be available for public access. Mindr has no duty to update or maintain this website. Mindr assumes no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third-party, ordinary operations, or any other source of harm.

11. Liability for our Service

MINDR DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE OR THE SERVICE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MINDR DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNINTERRUPTED.

UNDER NO CIRCUMSTANCES WILL MINDR, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SHAREHOLDERS, PARENT COMPANIES, SUCCESSORS, ASSIGNS, VENDORS OR PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS ACTIVITIES) WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED, AND WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.

THE TOTAL LIABILITY OF MINDR AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEBSITE SHALL NOT EXCEED $100. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

12. User Responsibility

By using or visiting this website, you explicitly agree to hold harmless Mindr and its owners, employees, and affiliates from any and all claims, costs and damages which may arise directly or indirectly from your visit to this website.

In the event that you violate these Terms of Use, you agree that Mindr will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If Mindr does take legal action against you, you agree to pay all attorney fees and costs of such action.

13. Governing Law and Venue

You and Mindr agree that the Federal Arbitration Act and the substantive laws of the state in which you reside, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or related in any way to these Terms of Use. UNLESS YOU AND MINDR AGREE OTHERWISE, IN ACCORDANCE WITH SECTION 1 OF THIS LEASE, YOU AND MINDR CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE STATE IN WHICH YOU RESIDE FOR ANY SUITS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THESE TERMS OF USE.

If any of aspect of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

If you believe that any aspect of this website infringes on your intellectual property in any way, or you have any questions about these Terms of Use, please notify us immediately at:

Mindr

Attn: Legal Department

12421 Meredith Drive, Suite 100

Urbandale, IA 50323