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Terms Of Service

TERMS OF SERVICE

The Driverthe101 Website is owned and operated by Driverthe101 ("Driverthe101"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.

  1. Definitions

"Agreement" refers to these Terms of Service.

"Content" shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video.

"Driverthe101" refers to the company Driverthe101. 

"Services" shall refer to the services provided by Driverthe101 through the Website.

"User Submitted Content" shall refer to any content that You submit to the Website, including, but not limited to, text, graphics, images, audio, and video.

"Users" shall refer to anyone who uses Driverthe101 Website or Services.

"Website" shall refer to the website and Content at driverthe101.com.

"You" shall refer to you, the person who is entering this Agreement with Driverthe101.  If You are entering this Agreement on behalf of yourself personally, then You refers to you as an individual.  If You are entering this Agreement on behalf of a business that is a separate legal entity, then You refers to that business entity.

  1. Acceptance of the Terms of Service

By visiting the Website or using the Services, You accept and agree to these Terms of Service and the Privacy Policy (available at ), which is incorporated by reference into these Terms of Service. These Terms of Service constitute a legal agreement between You and Driverthe101 and spell out the terms and conditions to which You must adhere. If You do not agree to any of these terms and conditions, then do not use the Website or Services.

  1. Use of the Website, Content, and Services

The Website, Content, and Services are owned by Driverthe101 and constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws.

Driverthe101 hereby grants You permission to use the Website, Content, and Services, provided that (i) your use is solely for your personal, noncommercial use (other than using the Services as intended); (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the Content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.

 

  1. Website as Online Venue/Referral

Through the Website, Driverthe101 provides Users with the ability to search and find different products and brands and contact the manufacturers of such products and brands by way of a form on the Website. Driverthe101 does not receive any fee from manufacturers in exchange for any submissions by Users or in exchange for Users making purchases from manufacturers. Driverthe101 does not provide or otherwise sell manufacturers goods and Driverthe101 is not acting as an agent, broker, employee, or employer of any User or manufacturer. Accordingly, the Website acts only as an online venue, and Driverthe101 is not and will not be a party to any agreement between any User and manufacturer regarding the purchase of any manufacturers goods or services. Driverthe101 has no control over, and makes no representations, regarding any qualities or characteristics of the goods or services being sold by manufacturers. Driverthe101 does not warrant that any manufacturers goods/services, prices, taxes, or descriptions are accurate, complete, or reliable. You, as a buyer, are responsible for paying all applicable taxes, including, but not limited to, sales and use taxes.

  1. Rules of Use

As a condition for your use of the Website, Content, and Services, You agree (i) not to use the Website, Content, or Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to submit any content that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Driverthe101 in its sole discretion; and (iii) not to interfere or disrupt the Website, Content, or Services or servers or networks connected to the Website or Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. Driverthe101 has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity.

  1. Display of Advertisements

Driverthe101 may use advertising revenue to support its provision of the Website and Services and may display advertisements, including third party advertisements, on the Website.  You agree that Driverthe101 may display image and video advertisements in close proximity to your User Submitted Content on the Website and that, absent a separate advertising revenue sharing agreement between You and Driverthe101, any revenue generated by such advertisements shall belong exclusively to Driverthe101.

  1. Relationship of Parties

No joint venture, partnership, employment, or agency exists between You and Driverthe101, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.

  1. Personally Identifiable Information

You may need to provide personally identifiable information in order to use some or all of the Services, such as creating a User account, submitting photographs, and/or posting job listings.  Any such information provided to Driverthe101 will be governed by Driverthe101 Privacy Policy (available at ).

  1. Account Information

You will need an account to use certain Services. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact Driverthe101 immediately.

  1. User Submitted Content

You warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content to the Website, You grant Driverthe101 a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content (including any inspiration boards created by You on the Website), including, but not limited to, on the Website and through Driverthe101 newsletter and social media accounts, including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, and Pinterest. In addition, by submitting content to the Website, You grant other Driverthe101 Users a worldwide, perpetual, irrevocable, royalty-free transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content (including any inspiration boards created by You on the Website) (i) through the social media sharing features of the Website, (ii) to create, collaborate, and share inspiration boards on the Website, (iii) and as otherwise permitted through the functionality of the Website.

  1. IP Ownership and Notices

To provide effective notification, please provide the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
  2. A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
  3. The location of the allegedly infringing material on the Website;
  4. Your name, address, email address, and telephone number;
  5. The following statement: "I have a good faith believe that the use of the material is not authorized by the intellectual property owner"; and
  6. A statement under penalty of perjury that the information in the notification is accurate and that You are the owner of the intellectual property right or that You are authorized to act on behalf of the intellectual property right owner.

 

  1. Links to Other Sites

The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Driverthe101 of the content, products, services, or business practices of such third party websites. Driverthe101 is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.

  1. Disclaimer of Warranties

THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Driverthe101 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Driverthe101 DOES NOT WARRANT THAT THE WEBSITE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Driverthe101 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY USER SUBMITTED CONTENT ON THE WEBSITE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE, OR TABLET AND ANY LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE OR SERVICES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. Driverthe101 DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY WARRANTIES MADE BY THIRD PARTIES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU

  1. Limitation of Liability

NEITHER Driverthe101 NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES.

THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF Driverthe101 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Driverthe101 AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO Driverthe101 OR $10, WHICHEVER IS GREATER.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Driverthe101, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys fees, and expenses arising out of or in connection with (i) your use of the Website, Content, or Services, (ii) your violation of these Terms of Service, (iii) your violation of any third party right, including, but not limited to, intellectual property rights and privacy rights, and (iv) any submission by You that causes damage to a third party.

You shall cooperate as fully as reasonably required in the defense of any claim. Driverthe101 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of Driverthe101 without Driverthe101 prior written approval.

  1. Representation of Age and Ability to Accept Terms of Service

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.

In any event, You affirm that You are over the age of 13, as the Website, Content, and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.

  1. Termination

Driverthe101 may, in its sole discretion, terminate or suspend your access at any time, without notice, to all or any part of the Website, Content, or Services for any or no reason, including, but not limited to, a breach of these Terms of Service.

  1. Assignment

These Terms of Service may not be assigned by You without the prior written approval of Driverthe101. Driverthe101 may assign these Terms of Service without your consent.

  1. Severability

If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or arbitrator or court, and the remaining provisions shall remain in full force and effect.

  1. No Waiver

The failure of Driverthe101 to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by Driverthe101.  In addition, Driverthe101 waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.

  1. Integration

These Terms of Service constitute the complete and final expression of the entire and only understanding between You and Driverthe101 relating to the subject matter of this Agreement and supersede any prior written or oral representations.

  1. Governing Law and Venue

These Terms of Service shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Driverthe101 that arises in whole or in part from your use of the Website, Services, or these Terms of Service shall be decided exclusively by an arbitrator located in Santa Barbara, California in accordance with Paragraph 23 below.

  1. Arbitration

Any disputes, controversies, or claims in connection with or arising out of the Website, Content, Services, or these Terms of Service shall be determined by arbitration in Santa Barbara, California before a single arbitrator who is a member of the American Arbitration Association, from which arbitration there shall be no appeal. The arbitrators decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

  1. Class Action Waiver

You agree not to act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim arising from or relating to use of the Website, Content, Services, Privacy Policy, or these Terms of Service. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual  claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

23. Effective Date
These Terms of Service were last updated on July 3, 2020.