Terms and Conditions
These Terms and Conditions (“Terms”) apply to all web sites operated and controlled by Driven Experiences, LLC (either “we,” or “us”) or a third party agent of Driven Experiences, LLC, including this website (the “Site”). These Terms set forth legally binding terms that govern and restrict your use of the Site. YOUR AFFIRMATIVE ACT OF USING THE SITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
You understand and agree that the Site is semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Site, the accuracy of any opinion or information contained on the Site, or the availability and reliability of any other client software. The opinions expressed on the Site are not necessarily our opinions and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to you.
1. COPYRIGHT OWNERSHIP
The Site contains copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (“Content”). This Content is subject to copyrights owned by Driven Experiences, LLC, and other individuals or entities and is protected by United States and international copyright laws.
2. USE OF DRIVEN EXPERIENCES, LLC CONTENT
YOU MAY USE THE SITE AND THE CONTENT OFFERED ON THE SITE ONLY FOR PERSONAL PURPOSES. Driven Experiences, LLC authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices that are contained in the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Site, including Driven Experiences, LLC’s servers, computer network, or user accounts.
Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws.
If you violate these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
3. TRADEMARK RIGHTS
The names, trademarks, service marks, and logos of Driven Experiences, LLC belong exclusively to Driven Experiences, LLC and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Driven Experiences, LLC or any third party.
4. LICENSE GRANT
If you make any submission to or communications on the Site, you automatically grant, or warrant that the owner of such content has expressly granted Driven Experiences, LLC, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Driven Experiences, LLC may sublicense its rights through multiple tiers of sublicenses.
5. AGE LIMITATION
The Site is not intended for children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. In the event we learn that such information has been provided through the Site, we will delete or destroy it.
6. DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED “AS IS.” DRIVEN EXPERIENCES, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. DRIVEN EXPERIENCES, LLC DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DRIVEN EXPERIENCES, LLC OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Driven Experiences, LLC, its partners, advertisers, and sponsors or any other third party mentioned on the Site. Accordingly, Driven Experiences, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER, DRIVEN EXPERIENCES, LLC DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL DRIVEN EXPERIENCES, LLC, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
7. LIMITATION OF LIABILITY
In no event shall Driven Experiences, LLC, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Driven Experiences, LLC, is advised of the possibility of such damages. Driven Experiences, LLC is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH DRIVEN EXPERIENCES, LLC, IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY SERVICE OFFERED BY DRIVEN EXPERIENCES, LLC. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
By using the Site you agree to indemnify and hold Driven Experiences, LLC, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.
We collect personal information on the Site, which is subject to the terms of our privacy statement, located here http://drivenexperiences.com/privacy-policy.
10. LINKS TO EXTERNAL SITES
The Site may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
11. NO FRAMING
Without our prior written permission, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Driven Experiences, LLC, or any of their licensors into another website or other service.
12. DISPUTE RESOLUTION
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Site, other than disputes related to or involving Driven Experience, LLC’s intellectual property, you and Driven Experiences, LLC, mutually agree to the following dispute resolution procedure:
a. The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
b. If the parties are unable to resolve the dispute through informal negotiation, you and Driven Experiences, LLC, agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the Washington, D.C., area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITE, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, Driven Experiences, LLC, will pay all filing, JAMS, and arbitrator’s fees and expenses.
c. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
13. CHOICE OF LAW
You agree that the laws of the State of Maryland govern this contract and any claim or dispute that you may have against us, without regard to Maryland’s conflict of laws rules.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
14. CHOICE OF FORUM
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MARYLAND OVER ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MARYLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 1, 2, 3, 4, 6, 7, 8, 12, 13, 14, and 15 shall survive termination of these Terms.
16. CONTACT US
Driven Experiences, LLC
8484 Georgia Ave., Suite 700
Silver Spring, MD 20910
Effective Date: April 6, 2015