Website Terms of Service

DRVNBLSD.COM SERVICE USER AGREEMENT

Hi! You are now reading Driven x Blessed’s Terms of Service, meaning the contract between you and Driven x Blessed when you use Driven x Blessed’s site, services, and products. You should read this carefully before you use Driven x Blessed. We’ve tried to be fair and straightforward. If you have any questions or suggestions, feel free to e-mail us. We’ve also included several annotations; these annotations aren’t a part of the contract itself, but are intended to help you follow the text and emphasize key sections.

A few highlights before we get started:

Using our Service, User Conduct, and Your Content

Anything you post on Driven x Blessed is public. So make sure you’re comfortable with the idea that anyone can view anything you post here.

You shouldn’t post any content or use our service to do anything illegal or malicious.

If it turns out any of your content or use is illegal or malicious, we are not responsible — you’re responsible.

Please do not hack, attack, or copy our Service.

While we wouldn’t do it without good reason, ultimately we may remove your content or terminate or suspend your account at our sole discretion.

Privacy

We are committed to privacy, and will make reasonable efforts to protect your personal information. You should review our privacy policy for more details as to how we may use and disclose your information, and how to correct any information.

You can help protect yourself by not posting personal information – remember that once information is posted on the Internet, it can be very hard to remove it.

Copyright Policy

Driven x Blessed respects the intellectual property rights of others and expects users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary as set forth in our copyright policy.

Your Content

You own the content that you provide to Driven x Blessed. However, Driven x Blessed may modify, distribute or use that content in a variety of ways. For example, your content may be formatted or combined with other content to create a feature or customized article, or selected to be featured on the Driven x Blessed site, or on another partner site by a staff member or editor.

Warranty, Disclaimer, Limitations of Liability, Other Legal Stuff

These are terms that the lawyers make us include to ensure that we are not at risk for significant liabilities. Since we are offering the Service free of charge, we hope you’ll understand.

Whenever we make any updates to these Terms, we will update them here, and use reasonable efforts to communicate any material changes to affected users.

Without further delay, here are our Terms of Service, please enjoy:

Welcome to Driven x Blessed!  These are the terms under which we provide you the Driven x Blessed Service (it’s a legal contract between you and us – so please read it carefully).   If you have any questions, please feel free to contact us at: info@drvnblsd.com

The Driven x Blessed website (www.Drvnblsd.com) and our services, domains, products, content and applications (collectively the “Service”) are operated by Driven x Blessed LLC, a Houston limited liability company (“Driven x Blessed”, “Drvnblsd”, “we” or “our”).

THESE TERMS OF SERVICE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DRIVEN X BLESSED. BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR DOWNLOAD, OR BY OTHERWISE ACCESSING THE SERVICES OR SUBMITTING CONTENT TO US, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT (INCLUDING OUR PRIVACY POLICY), THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. 

 

If you do not agree with this Agreement, please do not continue the registration/download process of use the Service.

No individual under the age of 13 may use the Service or supply us with their personal information. You otherwise may only use the Service if you can form a binding contract with Driven x Blessed and are not legally prohibited from using the Service.  You agree to this Agreement on behalf of yourself and, at your discretion, on behalf of a minor child over the age of 13 for whom you are a parent or guardian and who you have authorized to use the account you create on the Service.  Parents and guardians of users under the age of 18 will be responsible for their minor user’s use of the Service and any violation of this Agreement.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

 

ACCESSING THE SERVICE

To use our Service you will need a compatible device, including compatible operating system, as well as internet or mobile service connectivity, and a valid version of the then-current Driven x Blessed Service software. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your device). We may modify this Agreement and the Service as set forth below in the Section entitled “Modification/Termination.”

You agree to comply with all applicable laws and to respect third party rights in your use of our Service.

ACCOUNTS, REGISTRATION, CANCELLATION

In order to register for a Driven x Blessed account, you will need to complete the registration process by providing us with complete and accurate information as we request in the registration process. You are responsible for keeping your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, we may ask you to choose a user name and password, and you are also responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, and agree that we are not liable for any loss that you may incur as a result of someone else using your password or account.


We may suspend or terminate your account and/or suspend our Service to you if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach this Agreement in any way or for any other reason we determine in our sole discretion. You may cancel your account at any time by notifying Customer Service at info@drvnblsd.com

PRIVACY

You acknowledge and agree that the information that you submit to Driven x Blessed, communications to Driven x Blessed, postings, links, pictures, and other content is submitted for the purpose of disclosure in a variety of ways by Driven x Blessed and its affiliates, partners and service providers. We take your privacy seriously. Please review the Driven x Blessed Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of your personal information. By using any part of the Driven x Blessed Service, you agree to the terms of the Driven x Blessed Privacy Policy, which is hereby incorporated as part of this Agreement by reference.

LICENSE TO SERVICE

Subject to all of the terms and conditions of this Agreement, Driven x Blessed hereby grants you a limited, personal, private, non-commercial, non-exclusive, non-transferable, non-assignable, revocable right to use the Service.   All rights not expressly granted to you are reserved.

USER MATERIALS

Definition

We do not control and are not responsible for any information or other materials delivered through our Service by you or other users, including without limitation all video, audio, photographs, images, illustrations, animations, logos, names, tools, written posts, replies, comments, information, data, text, software, scripts, executable files and graphics  (collectively, “User Materials”). If you submit content to us by any means (via on-line submission, e-mail, etc.) for use on our Service, these terms apply unless we otherwise agree in writing.

Ownership

You retain ownership of all intellectual property rights in your User Materials, and third parties retain all ownership of all intellectual property rights in their User Materials.

Your License to Driven x Blessed

When you transfer User Materials to Driven x Blessed through the Service (or otherwise transfer them to us for use on the Service), you give Driven x Blessed and its designees a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of such User Materials. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service, and allowing Driven x Blessed to develop new Services.

You also agree that this license includes the right for Driven x Blessed to make all User Materials available to third parties selected by Driven x Blessed, so that those third parties can distribute and/or analyze such User Materials on other media and services. For example, we may license a feed of already-publicly-available User Materials to a partner, similar to how Twitter makes feeds available through its streaming API.

Note also that this license to your User Materials continues even if you stop using the Service, or terminate this Agreement, primarily because of the social nature of User Materials shared through the Service – when you post something publicly, others may choose to repost or comment on it, making your User Materials part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

Always remember: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.

You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all User Materials you submit to the Service.

Upon Termination, Deactivation and Deletion

Following termination or deactivation of your account, or if you remove any User Materials from Driven x Blessed, we may retain your User Materials for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Driven x Blessed and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Materials that we or other users have stored or shared through Driven x Blessed.

Suggestions

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Driven x Blessed, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

USER CODE OF CONDUCT AND CONSEQUENCES

In accessing and using our Service, you must follow the following content guidelines.  Please take a moment to read through these documents.   In addition, you agree that you will not:

i.    use the Service for any commercial or illegal purpose or to harm minors in any way;
ii.    use the Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, or harmful;
iii.    post any content that is illegal, abusive, offensive, pornographic, obscene, defamatory, slanderous, or otherwise harmful;
iv.    use the Service to invade the privacy of, or obtain personal information about, any user, or to obtain a list of users, or to access or use any user’s User Materials in a manner not authorized by such user through the Service;
v.    engage in any activity designed to circumvent the Service limitations, or conspiring with others to circumvent the Service limitations, including any attempt to circumvent technological measures employed to control access to, or the rights in, any part of the Service.
vi.    remove any proprietary notices or labels on the Service;
vii.     except as expressly permitted by Driven x Blessed in writing, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, damage, transfer, sell, rent, lease or otherwise assign any part of the Service or information contained on any Driven x Blessed or third party servers;
viii.    modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from our Service without our prior written consent;
ix.     use the Service to spam, post or transmit any unsolicited advertising, campaigning or promotional materials or to send any User Materials from an anonymous or false address, or to post or transmit any personal information, including without limitation phone numbers, social security numbers, account numbers, addresses, credit information or employer references;
x.     disrupt the Service, or access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by Driven x Blessed (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution), or modify, reverse engineer or decompile the Service;
xi.     distribute any software viruses or other computer code designed to interfere with the functionality of the Service or any computer systems, software or hardware;
xii.     use any data mining, robots, or similar data gathering, spoofing, phishing or extraction tools in connection with the Service or access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Driven x Blessed (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Driven x Blessed, or unless permitted by Driven x Blessed’s robots.txt file or other robot exclusion mechanisms;
xiii.     impersonate any person or to mislead other users or third parties as to your identity or to the origin of a message or content (e.g. by forging TCP-IP or e-mail headers);
xiv.    frame or link to the Service or User Materials except as expressly permitted in writing by Driven x Blessed; or
xv.    use the Service to analyze its features or functionality for purposes of creating a commercial service, or in any way to create a competitive service, or to contact any  users, partners or advertisers except as require to use the Service as contemplated in this Agreement.

Driven x Blessed reserves the right, in its absolute discretion, to determine if your Service account registration and your submission of content or other materials is made from a legitimate and valid account and whether your conduct on the Driven x Blessed Service complies with the provisions of this Agreement.  You will follow all posted usage instructions and rules that Driven x Blessed may provide for the Service from time to time.

If we conclude you are violating these policies or the Agreement, you may receive a notice via email. If you don’t explain or correct your behavior, your account may be suspended and/or your IP address may be blocked. We reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner.

You are solely liable for all User Materials delivered to our Service using your account. Any violation of these provisions may subject your account to termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials on our Service will not violate the rights of any third party.

While we want to provide a quality experience, you may from time to time run into objectionable content when using the Driven x Blessed Service.  If you are aware of any User Materials which violate this Agreement, please email us at info@drvnblsd.com or contact us anonymously by clicking on “Write Us” on the homepage. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and we will only remove User Materials if we believe that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

We care about the security of our users. While we work to protect the security of your content and account, Driven x Blessed cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.  Do your part by choosing a secure password, keeping it safe (no sharing), using anti-virus software (and keeping all of your software up to date), and by being careful by being careful about what e-mail attachments you open (unless you really are the heir to the Queen Elizabeth).

The information and opinions expressed in User Materials are not necessarily those of Driven x Blessed or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk.

CONTESTS, REWARDS PROGRAMS, AND OTHER PETROLICIOUS SERVICES

Certain services or features may be governed by additional terms presented in conjunction with those products or services. For example, if we offer a rewards program, sweepstakes or contest, there may be additional rules governing the program, sweepstakes or contest. By accessing or using any of those services or features, you agree that you will be bound by the additional terms relating to those services or features.

DISCLAIMER OF WARRANTIES

Your use of the Service and any User Materials is at your own risk.  ALL USER MATERIALS, INFOMRATION, SOFTWARE, PRODUCTS, CONTENT, AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH OUR SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. DRIVEN X BLESSED, AND ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICE (THE “DRIVEN X BLESSED PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR USER MATERIALS, INFOMRATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES, PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DRIVEN X BLESSED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

We do not warrant or make any representations that the Service will meet expectations or deliver certain results, be error-free or uninterrupted, that defects will be corrected, or that our Service will be free of viruses or other harmful components. The Driven x Blessed Parties are not responsible for any failure to access or use our Service or any failures caused by server errors, misdirected or redirected transmissions, failed internet or telephone connections, lost, interrupted or unavailable connections of any kind, miscommunications or failed transmissions of data, or any computer virus or other technical defect or error relating to our Service.  No advice or information, whether oral or written, obtained from Driven x Blessed or through the Service, will create any warranty not expressly made herein.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, so some of the above disclaimers, exclusions and limitations may not apply to you. In those jurisdictions, the Driven x Blessed Parties’ liability will be limited to the fullest extent permitted by law.

LIMITATIONS ON LIABILITY

In no event will the Driven x Blessed Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of our Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained in our Service or any materials or content obtained through our Service; (vi) any transactions entered into through our Service, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of our Service, including any site to which the Service provides hyperlinks; or (viii) damages otherwise arising out of your use of our Service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if any Driven x Blessed Party has been advised of the possibility of damages.  IN NO EVENT SHALL THE PETROLICIOUS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE TO WHICH THE LIABILITY IS RELATED. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH A LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE, YOU AGREE THAT DRIVEN X BLESSED DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless the Driven x Blessed Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or otherwise arising in any way out of your use of our Service. You agree to cooperate fully with the Driven x Blessed Parties in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

MODIFICATION/TERMINATION

We reserve the right, in our sole discretion, to modify, suspend, or terminate our Service, at any time for any reason with or without notice.  If your account is cancelled, suspended or terminated, you will no longer be authorized to use our Service, but you will still be bound by this Agreement, including the licenses and warranties made by you, and by the disclaimers and limitations of liability. Driven x Blessed shall not be liable to you or any third party for any modification, suspension or termination of our Service or your access to our Service.

If you have created an account with us, we will use commercially reasonable efforts to attempt to inform you of any modifications to this Agreement or the Service that materially affect (a) your obligations to us or, (b) any paid elements of the Service that you are then receiving. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Service, or by such other method as we reasonably believe will reach you. If you do not agree with any such modifications, your sole remedy is the termination of your account, which you may request by either selecting that option within the Service (if available) or contacting us at info@drvnblsd.com  Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement or the modified Service.

If you have not registered and do not have an account, any modifications to this Agreement or the Service will be effective as to you upon Driven x Blessed’s posting of the new terms and/or upon implementation of the new changes on the Service, and your continued use of the Service after any modifications indicates your acceptance of the modified Agreement or the modified Service.

Unless expressly stated otherwise by Driven x Blessed, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to this Agreement. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade that Service, and this Agreement will apply to such upgrades.

EXTERNAL SITES

Our Service may contain links to external third-party sites or services that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control or monitor, and are not responsible for, these third-party sites or services, including any privacy policies or practices governing such sites and services. We make no representations regarding, and are not liable for, the accuracy, completeness, timeliness or availability of any of the content, products or services displayed, distributed, or otherwise made available at these sites and services. If you access any third-party site or service, you do so at your own risk, and your use of that site or service is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site or service does not mean that we endorse, sponsor, or recommend the third party or the content, products, or services contained on, or available through, such third-party site or service.

VOTING/RATING FEATURES

If we provide any voting/rating features through our Service, we may have instructions and limitations for submitting your votes/ratings. It is important that you follow those instructions. We reserve the right to disqualify any votes/ratings we receive from you in excess of any stated limitation. Also, in order to uphold the integrity of the vote/ratings, payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. We are not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating this Agreement, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

We may display or link to advertisements for the goods and services of a third party on or through our service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or warrant, and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through our site, app or service.

INTERNATIONAL USE/EXPORT CONTROLS

Accessing materials through our Service by certain persons in certain countries may not be lawful, and we make no representation that materials provided through our Service are appropriate or available for use in locations outside the United States. If you choose to access our Service from outside the United States, you do so at your own risk, and you consent to the transfer, storage, and processing of your information, including but not limited to User Materials and any personal information, to and in the United States and/or other countries.

You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

CLAIMS AND ARBITRATION


This section includes a mandatory arbitration provision for certain claims. The claims to which this section applies are described below. This section limits your rights. Specifically, you understand that you and Driven x Blessed are waiving the right to sue in court and have a jury trial for certain claims.

Any action hereunder by you must be brought, if at all, within one (1) year from the accrual of the cause of action.

You agree that the all disputes and claims arising out of, or relating to, this Agreement, the Service, your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Driven x Blessed, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of Driven x Blessed or any of its third party licensors with respect to any User Materials and/or Service, or your (or any third party’s) misuse of the User Materials and/or Service. Except as provided herein, the arbitration shall be conducted under the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and Supplementary Procedures for Consumer Related Disputes before a panel of three arbitrators and conducted in Los Angeles, California. You and Driven x Blessed also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as expressly set forth above in this paragraph, you and Driven x Blessed may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of Driven x Blessed, or user of the Driven x Blessed Service, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Driven x Blessed); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Driven x Blessed).

GOVERNMENT END USERS

If the Service and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Service is deemed to be “commercial software” as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software.” All other terms and conditions of this Agreement apply.

GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between you and Driven x Blessed and governs your use of the Service, superseding any prior agreements between you and Driven x Blessed with respect to the Service. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Driven x Blessed in any respect whatsoever. With respect to your use of other authorized Driven x Blessed services, affiliate services, affiliate devices or equipment, third-party content, third-party software, you also may be subject to additional terms and conditions.

Remedies.  To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Driven x Blessed ‘s or any of it licensors’ intellectual property rights, or may cause continuing or irreparable harm to Driven x Blessed or its licensors (including, but not limited to, any breach that may impact Driven x Blessed’ or it’s licensors’ intellectual property rights, or a breach by reverse engineering), Driven x Blessed may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.  Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Driven x Blessed may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. To the extent permitted by law, you understand and agree that your termination of your use of the Service is your sole right and remedy with respect to any dispute with Driven x Blessed. You can terminate your use of the Service by delivering notice to Driven x Blessed info@drvnblsd.com

Assignment.  This Agreement is personal to you. You may not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, without Driven x Blessed’d prior written consent. Any attempted assignment by you shall be null and void. Driven x Blessed may assign its rights and obligations under this Agreement at its sole discretion.

Choice of Law and Forum.  This Agreement and the relationship between you and Driven x Blessed shall be governed by the laws of the State of California without regard to its conflict of law provisions. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. Except for claims or disputes to the extent arbitrated as provided above, you expressly agree that the state and federal courts located in Houston, Texas have exclusive jurisdiction over any claim or dispute with Driven x Blessed or relating in any way to your account or your use of the Service. Except for claims or disputes to the extent arbitrated as provided above, you further agree and expressly consent to personal jurisdiction over you in the federal and state courts located in Houstonx Texas in connection with any such dispute including any claim involving Driven x Blessed or the Driven x Blessed affiliates.

Waiver and Severability of Terms. The failure of Driven x Blessed to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement shall remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions concerning this Agreement or our Service, please contact Customer Service by emailing info@drvnblsd.com

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

Our Service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Driven x Blessed and Driven x Blessed logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Driven x Blessed or by other parties that have provided rights thereto to Driven x Blessed.

You agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through our Service, in whole or in part, without our express written permission.

Trademarks. Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Driven x Blessed and/or its affiliates and licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of our website, or frame our website, or any web page or material contained within our Service, nor may any entity include a hyperlink to any aspect of our Service in an email for commercial purposes, without our express written permission.

Copyright Infringement

We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. A copy of the DMCA is available here:  http://www.loc.gov/copyright/legislation/dmca.pdf.   By submitting any User Materials to our Service you are granting permission to have such User Materials posted on our website, our app and/or via any other of the media channels, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our address, who can be reached for purposes of providing Notifications by emailing Driven x Blessed info@drvnblsd.com, or by regular mail:

Driven x Blessed
Attn: Designated Copyright Agent
2982 Vintage Park Lane
Pearland, TX 77584

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification should include the following:
1.    Identification of the work or material being infringed.
2.    Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Driven x Blessed is capable of finding it and verifying its existence.
3.    Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
4.    A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5.    A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6.    A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

After removing material pursuant to a valid DMCA notice, Driven x Blessed will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Driven x Blessed reserves the right, in its sole discretion, to immediately terminate the account of any user who is the subject of repeated DMCA notifications.

Submitting a DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Driven x Blessed by providing the following information to the Designated Agent at the address below:
•The specific URLs of material that Driven x Blessed has removed or to which Driven x Blessed has disabled access.
•Your name, address, telephone number, and email address.
•A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Brazoria County, Texas if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
•The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
•Your signature.

Upon receipt of a valid counter-notification, Driven x Blessed will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Driven x Blessed does not receive any such notification within ten (10) days, we may restore the material to the Service.

For counter notifications, contact the Designated Agent by emailing info@drvnblsd.com or by regular mail:

Driven x Blessed


Attn: Designated Copyright Agent
2982 Vintage Park Lane
Pearland, TX 77584

Merchant Terms of Service

Marketplace Terms of Service

 

Driven x Blessed Terms of Service

and Permission to Use Platform and Service

Hello. We are vintage vehicle fanatics. We created the Marketplace, an exclusive listing Service operated by Driven x Blessed, LLC. to allow people to discover, advertise, market and share information about vintage vehicles. The Marketplace Service operates on a web-based and mobile Platform. Words with special meaning are designated in boldtype.

1. Permission to Use Platform and Service. You are welcome to use our Serviceand Platform, but only according to the Terms of Service set forth below. The Terms of Services include the provisions stated below and all provisions in other documents referenced herein (which are incorporated herein by their reference). Taken together these are a contract which defines and establishes the rights and responsibilities of all Users of the Marketplace. Please read the Terms of Serviceand all referenced documents carefully and make sure you understand and agree to them. Please note, these Terms of Service contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, detailed in Section 12(C) and 12(E) below. If you disagree with any provision or part of the Terms of Service and the referenced documents, then you do NOT have permission to access our Platform or to use our Service. By accessing our Platform or by using our Service, you agree to be bound by these Terms of Service, the referenced documents, the Marketplace Privacy Policy and all their individual paragraphs, provisions and parts.

2. Limitations on Permission to Use. The Marketplace Terms of Service apply to all Users of our Platform, our Service and our software including, without limitation, Buyers, Sellers, visitors, and all others who register for, use or otherwise access the Platform and/or use our Service. However, you may only use our Platform and Service if you are over the age of 18, have not been removed or restricted from use of our Platform and Service, and are able to form a legal and binding contract. In using our Platform and Service, you must be and remain in compliance with all applicable local, state, national and international laws, rules and regulations.

3. Marketplace Service. The Marketplace is created for the purpose of providing information to the public about vintage vehicles and persons who may be interested in buying, selling, exchanging and/or providing parts or Services relating to such vehicles. Persons desiring to use our Service may do so, subject to our Terms of Service. Users of our Service are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the Terms of Service. Marketplace reserves all rights not expressly granted herein in the Service and Marketplace Content. Marketplace may terminate this license at any time for any reason or no reason at all. Certain of our Services may be subject to additional terms and conditions specified by us from time to time, and your use of such Services is subject to those additional terms and conditions. These Terms of Service cover your use of our online and/or mobile Services, and software provided in connection with the submitting of an automobile vehicle description and any other related information in connection with the listing of a vehicle on our website as a “Seller.”

4. Limitations of Marketplace Service. MARKETPLACE IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. MARKETPLACE DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. Marketplace does NOT offer other ancillary products and services such as vehicle financing, service contracts, mechanical breakdown insurance, vehicle registration/titling, and vehicle transfer escrow services.

5. Process for Use of Service and Platform. You are responsible for creation and maintenance of your User Account using the tools provided on our Platform. It is your responsibility to assure that your User Account is fully compliant at all times with the then current Terms of Service and included documents.

a.) Creation and Maintenance of Accounts. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use as a Username the name of another person or entity that is not you, or a trademark or copyrighted phrase not owned by you without appropriate authorization, nor may you use a Username that is not lawfully available for use or one that is offensive, vulgar or obscene. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

b.) Use of Business or Fictitious Names. If you open a Marketplace account on behalf of an organization or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

c.) Breach of Security. You must notify Marketplace immediately of any breach of security or unauthorized use of your account. Marketplace will not be liable for any losses caused by any unauthorized use of your account.

d.) Confidentiality and Passwords. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

e.) Use of Email Information. By providing Marketplace your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers, newsletters, and marketing material. If you do not want to receive such email messages, you may unsubscribe to such messages using the link at the bottom of the email.

f.) Account Features. Your Marketplace account gives you access to the Services and functionality that we have established at the time of creation. We may, in our sole discretion, change, modify, delete, or supplement any of those features and pricing therefor. You will be notified in advance of any pricing increases and have an opportunity to opt out of feature upgrades and/or terminate Services according to procedures established from time to time in our sole discretion. We may maintain different types of accounts for different types of Users. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

g.) Prohibited Conduct. In using our Service, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Marketplace servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Marketplace grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Marketplace Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) except as otherwise expressly permitted by Marketplace, using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

6. Platform Content and Intellectual Property. It is the policy of Marketplace that all intellectual property rights be respected by all Users at all times. Improper use by any User of another’s intellectual property is prohibited. Upon request, Users will immediately modify or delete any and all materials as requested by Marketplace and failure to do so may result in immediate termination of Service without adjustment of payment amounts in additional to other appropriate remedies. Alternatively, Marketplace may elect to remove any content that appears, in its sole discretion, to be inappropriate, offensive or violate applicable law, including, without limitation the Digital Millennium Copyright Act of 1998.

a.) Marketplace Intellectual Property. “Marketplace”, the Marketplace logo, and any other product or Service name or slogan displayed on our Service are trademarks of Marketplace and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Marketplace or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Marketplace” or any other name, trademark or product or Service name of Marketplace without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the Service mark, trademark and/or trade dress of Marketplace and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Marketplace names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. The Service and its original content (excluding Content provided by Users), including photographic images and audiovisual recordings, features and functionality are and will remain the exclusive property of Marketplace and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent of Marketplace. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Marketplace under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Marketplace does not waive any rights to use similar or related ideas previously known to Marketplace, or developed by its employees, or obtained from sources other than you.] Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Marketplace Content. Use of the Marketplace Content for any purpose not expressly permitted by these Terms is strictly prohibited.

b.) Seller’s Content. Our Platform and Service allow you to post, link, store, share, advertise, market and otherwise make available certain information, text, graphics, videos, or other material related to vintage automobiles (“Seller Content“). As a Seller, you are fully responsible for the reliability, accuracy, legality and appropriateness of all Seller Content.  By submitting Seller Content, you represent and warrant that (i) you own and/or control any and all rights in and to the Seller Content, and the right to grant all of the rights and licenses in these Terms of Service, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Seller Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) that the Seller Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Marketplace, you will furnish Marketplace any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the Seller Content and you hereby agree to indemnify and hold Marketplace and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

c.) Monitoring of Seller Content. Marketplace acts as a passive conduit for Seller Content and has no obligation to screen, monitor, verify or correct any Seller Content.

d.) Use of Seller Content. By submitting or posting any Seller Content, you grant to Marketplace and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, Username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. Marketplace retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Seller Content.

e.) Monitoring of Content and Removal of Inappropriate Content. Marketplace has the right, but not the obligation, to monitor and edit all Content provided by Users. Marketplace has the absolute right to remove and/or delete any Seller Content it deems objectionable in its sole discretion, and without notice. You consent to such removal and/or deletion and waive any claim against Marketplace for such removal and/or deletion.

f.) No Storage of Content. Marketplace does not provide storage of User Content. Marketplace is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.

g.) Release of Claims and Liability for Seller Content. Marketplace does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content, you release and discharge the Marketplace Group from any and all claims, demands and damages of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and a Buyer or other User, person or entity, or (ii) the use of the Seller Content, including, without limitation, any and all claims that use of the Seller Content violates any of your intellectual property rights. You acknowledge and agree that Marketplace has no control over, and shall have no liability for any damages resulting from, the use or misuse of any Seller Content.

7. External Sites and Information. Our Service may contain links to third party web sites or Services that are not owned or controlled by Marketplace. Marketplace has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.  Marketplace does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Services. You acknowledge and agree that Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services. If you access a third-party website or Service from the Service on or through any third-party website or Service, you do so at your own risk, and you understand that these Terms and Marketplace’ Privacy Policy do not apply to your use of such sites. You expressly relieve Marketplace from any and all liability arising from your use of any third-party website, Service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Marketplace shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Services that you visit.

8. Disclaimer of Warranties

a.) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

b.) YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH MARKETPLACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH MARKETPLACE REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

c.) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING SECTIONS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

d.) Marketplace, and its subsidiaries, affiliates, and its licensors do not warrant that any Platform Content is accurate, reliable or correct. Marketplace does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked website or Service, and Marketplace will not be a party to or in any way monitor any transaction between you and third-party Providers of Products or Services.

e.) We are not responsible for any inadvertent, typographical and other errors that may appear on the Service.  If there is incorrect information given about a vehicle price, availability, description, condition or mileage due to a typographical error, Marketplace is not responsible for such error or its correction.

f.) Federal Law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you.  This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state.  The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

a.) IN NO EVENT WILL DRIVEN X BLESSED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS (the “DRIVEN X BLESSED GROUP”) OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

b.) Driven x Blessed is not a party to any sale or other contract between Buyers and Sellers that may originate on or through use of the Service. You are solely responsible for your interactions with other Marketplace Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Driven x Blessed shall have no liability for your interactions with other Users, or for any User’s action or inaction.

c.) In no event shall the Driven x Blessed Group be responsible or liable for losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service;

(iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, regardless of legal theory.

d.) Under no circumstances will Driven x Blessed be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service.

e.) Marketplace assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) Seller Content or the defamatory, offensive, or illegal conduct of any third party.

f.) In no event shall the Driven x Blessed Group, or any of them, be liable to you for any losses or costs in an amount exceeding the amount you paid to Driven x Blessed.

g.) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above Limitations or exclusions may not apply to you.  This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state.  The disclaimers, exclusions, and Limitations of Liability under this Agreement will not apply to the extent prohibited by applicable law.

h.) The Service is operated from facilities in the United States and is intended for use in the United States. Marketplace makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations.

10. Indemnification. You agree to defend, indemnify and hold harmless Driven x Blessed, its affiliates, licensors and Service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service or Platform, including, but not limited to, your User Content, any use of the Platform’s content, Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service or Platform.

11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

a.) Governing Law. You agree that the Service is and shall be deemed based in Texas only. And the Service is and shall be deemed a passive one that does not give rise to any jurisdiction whatsoever respecting Marketplace in other jurisdictions. This contract and these Terms of Service shall be governed by the laws of the State of Texas without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Brazoria County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, violation, or misappropriation of our intellectual property or proprietary rights, including, without limitation, copyrights, trademarks, trade secrets, patents, or other, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Brazoria County, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

b.) Arbitration. For any dispute with Driven x Blessed, you agree to first contact us at info@drvnblsd.com and attempt to resolve the dispute with us informally. In the unlikely event that Driven x Blessed has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof by binding arbitration by the American Arbitration Association. The arbitration will be conducted in Brazoria County, Texas, unless you and Driven x Blessed expressly agree in writing otherwise. Each party will be responsible for paying its own costs and fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing herein shall be deemed as preventing Driven x Blessed from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

c.) Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Marketplace are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

12. Miscellaneous.

a.) Termination.  You may terminate your account simply by discontinuing usage. Driven x Blessed may terminate, suspend, edit or bar access to your account and all Service without advance notice and without liability for any reason whatsoever or no reason, our sole discretion. If your account is terminated for no reason, we may, in our sole discretion, refund unearned payments. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

b.) Assignment. Your Service and access to our Platform and these Terms or Service, including any and all rights and licenses granted hereunder, are personal to you and may not be transferred or assigned by you.  Your account and all rights therein may be assigned by Driven x Blessed without restriction. Any attempted transfer or assignment in violation of these provisions shall be null and void.

c.) Exclusions.  Some jurisdictions’ laws do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, or a waiver of jury trial or class actions, so all provisions hereof which would be violate laws of such jurisdictions are to be disregarded in those jurisdictions. Thus, some of the limitations, exclusions and waivers above may not apply to you.

d.) Changes to these Terms of Service.  We reserve the right, at any time and in our sole discretion, to modify, change, amend or update these Terms so you should review this page regularly. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service or the Platform.

e.) Notification Procedures. Driven x Blessed may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Driven x Blessed in our sole discretion. Driven x Blessed reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Driven x Blessed is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

f.) Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

g.) Entire Agreement These Terms, together with any amendments and any additional agreements you may enter into with Driven x Blessed in connection with the Service, shall constitute the entire agreement between you and Marketplace concerning the Service.

h.) No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Marketplace’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

i.) Expiration of Claims. Notwithstanding and other statute of limitations, you agree that any claim or cause of action you may have with respect to Marketplace or the Service must be commenced within one (1) year after the claim or cause of action arose.

13. Contact Us. If you have any questions about these Terms, please contact us at info@drvnblsd.com or by sending mail to Driven x Blessed, LLC, 2982 Vintage Park Lane, Pearland, TX 77584.

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