By using or visiting the website and platform of The Driven Race & Club Solutions (“The Driven”) and accessing an internet based event registration, fundraising, and management software and cloud server service (collectively, “website”), you are agreeing to be bound by the its policies, including its Terms of Use and Privacy Policy. No other contract or agreement has been created or implied between you and The Driven, or its officers, directors, employees, affiliates, or representatives, regarding its Website.
The Website and related services are available to individuals who are eighteen (18) years of age or older or at least 13 years of age and possess legal parental or guardian consent (the Website is not intended to be used by children under the age of 13). The Driven encourages parents and guardians to use appropriate discretion in determining whether to grant authorization to minor children to visit, access, or otherwise use the Website. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The Website and related services are also available to legal entities and organizations that have the authority to legally enter into contracts under applicable law. If you do not qualify to do so, please do not attempt to visit, access, or otherwise use the Website or related services. The Driven may refuse any user and may change its eligibility requirements at any time, at its sole discretion. The Driven also retains the right to terminate your account and rights to use, access, or otherwise use the Website or related services if The Driven has reasonable grounds to believe that any information you provided is or becomes untrue, inaccurate, or incomplete.
You are granted permission to use the Website solely for your personal and noncommercial use pursuant to these Terms of Use. You may not copy, distribute or otherwise link the Website in any medium without The Driven’s prior written consent. You are also prohibited from collecting any personal information, including account names, from the Website for any commercial purposes, including solicitation, and may not use or launch any automated system (i.e. “spiders” or “webcrawlers”) that accesses the Website in a manner beyond normal usage by personal users or for scrupulous purposes, including collecting personal information of users. Notwithstanding the above, The Driven grants operators of public search engines permission to use spider or webcrawler programs to add to its public index, allowing users to search for and find its content.
If you choose to create an account, you must provide complete and accurate information and are responsible for the activity conducted on your account. You are responsible for maintaining the confidentiality of your information. So, keep your password to access your account secure. You also may not use another person’s account without permission, preferably in writing. Should you discover unauthorized use of your account or some other security breach, you must notify The Driven immediately. By failing to do so, you may be liable to The Driven or others for any losses relating thereto.
All content on the Website, including, but not limited to, software, graphics, text, photos, videos, sound, and music and The Driven’s intellectual property, including trade names, trademarks, service marks, and copyrighted materials, are owned by or licensed to The Driven, subject to state, federal, and international intellectual property laws and regulations. Any submissions of content by you or others may be shared on the Website, whether published or not. However, The Driven shall not be responsible for any such content; you shall be solely responsible for what content you post or publish. Additionally, you represent and warrant that you own or have the necessary right or permission to use and authorize The Driven to use any such content that you provide to the Website, including intellectual property rights and names and likeness of individuals. In doing so, you are granting The Driven a worldwide, non-exclusive, royalty-free transferable sublicense to use, display, reproduce, distribute, and work off of any such content that you provide in connection with the Website for promotion and other commercial endeavors through any media formats and channels. You further agree that other users of the Website may access content you provide in connection with the Website, subject to the The Driven policies, including these Terms of Use.
The Website, software, and other services derived from the Website are further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Website or any software or services derived therefrom, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although The Driven will strive to provide true and accurate information on its Website, The Driven simply cannot guarantee the accuracy of its content. In turn, The Driven specifically disclaims any implied warranty of suitability for any purpose whatsoever with respect to such content. Notwithstanding the above, The Driven does not endorse any advice, recommendation, or opinion expressed by you or others and disclaims any and all liability in connection with submitted content by you or others, whether published or not. Should The Driven be notified or otherwise discover unauthorized use of content by you or others, including infringement of intellectual property rights, The Driven may remove such content. The Driven will also take appropriate action for other inappropriate content submitted to the Website, including pornographic, obscene, defamatory and threatening material, including removal of such content or termination of access to the Website or both.
Therefore, you agree that you will not submit content that infringes on intellectual property or privacy rights of others; that puts forth misrepresentations that may harm The Driven or others; that promotes physical harm, injury, or other criminal activity to any person or group; that constitutes a raffle, sweepstakes, lottery, or other form of gambling; or that is unlawful, pornographic, obscene, defamatory, threatening, harassing, discriminatory, racist, or otherwise criminal; that advertises or solicits business; that is impersonating others; that provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or that violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
If you are located outside of the United States, please note that information we collect may be transferred to and processed in the United States. By using the Website and related services, you consent to the transfer and processing of your information in countries which may not have data protection laws that provide the same level of protection that exists in your country. Your consent is voluntary. If, however, you do not consent, then we may not be able to provide you access and use of the Website and related services.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), if you believe that content on the Website infringes on your copyrights, you may provide The Driven with a “Takedown Notice” in compliance with 17 U.S.C. §512(c)(3) addressed to Copyright Agent, The Driven Race & Club Solutions LLC, 1575 Delucchi Lane, Suite 115, Reno, NV 89502. It is in the interests of The Driven and you that timely notice is provided to enforce the provisions of the DMCA.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND RELATED SERVICES ARE BEING PROVIDED “AS IS,” AND THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. The Driven EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE The Driven, ITS CONTENT, PRODUCTS, AND SERVICES OR THE CONTENT, PRODUCTS, AND SERVICES OF OTHER WEBSITES LINKED TO THE WEBSITE. THE DRIVEN ASSUMED NO LIABILITY FOR PERSONAL OR PROPERTY DAMAGE TO YOU FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, VIRUSES, UNAUTHORIZED ACCESS OR OTHER INTERFERENCED BY OTHERS, OR CRIMINAL OR OTHER IMPROPER BEHAVIOIR BY OTHERS WITH RESPECT TO THE WEBSITE AND ITS CONTENT. IN TURN, The Driven, AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE.
You agree to indemnify and hold harmless The Driven, its officers, directors, managers, members, employees, representatives, agents, and affiliates from any and all damages, losses, claims, and expenses (including reasonable attorneys’ fees and costs) arising from your visiting, accessing, otherwise using the Website.
The policies of The Driven, including these Terms of Use, are governed by and shall be interpreted under the laws of the State of Nevada. Any claim or dispute between you and The Driven shall be commenced within one (1) year of any such claim or dispute arising and determined by binding arbitration in Reno, Nevada, under the then current rules of the Nevada Arbitration Rules and Nevada Rules of Civil Procedure through the Nevada Arbitration Program (with the parties waiving any limits on the amount of the award and related fees and costs). The prevailing party in any legal proceeding is entitled to recover its attorneys’ fees and costs from the other party. Any arbitration determination is final and may be enforceable as a judgment in any court of competent jurisdiction.
Violations of these Terms of Use, including unauthorized use of the Website, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in The Driven’s sole discretion, and without prior notice, The Driven may terminate and block your access to the Website or to The Driven’s other services, cancel your event registration, refuse to honor pending and future purchases made from all credit card accounts or online accounts The Driven believes may be associated with you, cancel an event registration associated with any person acting or believed to be acting in concert with you, remove any unauthorized content or exercise any other remedy available, if The Driven believes that your conduct or the conduct of any person with whom The Driven believes you act in concert, or the content you provide, or any resale of such event registrations purchased through The Driven, violates or is inconsistent with these Terms of Use or the law, or violates the rights of The Driven, a customer of The Driven or another user of the Website. Notwithstanding the above, The Driven may terminate your privilege to visit, access, or otherwise use (including your account) the Website and/or related services at any time. You may voluntarily choose to so terminate by prior written notice. Upon termination, your obligation to pay The Driven for use of its Website and/or related services up to the time of termination will remain due and owing as will The Driven’s responsibility to return any moneys owed to you (whether unused prepaid funds or funds collected to be distributed). Where applicable by their nature to survive termination, these Terms of Use shall survive the termination, including the Intellectual Property Rights, Content Control, Limitation of Liability, Indemnification, and Applicable Law.
These Terms of Use may not be assigned or transferred by you, but may be assigned or transferred by The Driven without your consent or other restriction. Should any provision of the policies of The Driven, including these Terms of Use, be deemed invalid by a court of competent jurisdiction, any such invalid provision(s) shall not render the validity of the remaining provisions invalid, thus leaving the remaining provisions in full force and effect. The Driven’s failure to enforce any provision of its policies, including these Terms of Use, shall not be deemed a waiver of such provision. The Driven reserves the right to amend its policies, including these Terms of Use, at any time without notice. Your use of the Website after any such amendments constitutes your acceptance of the amendments.
