Terms & Conditions

Please read the terms and conditions in this Agreement carefully.

1. The Driven Race & Club Solutions End User License Agreement

The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to The Driven Race & Club Solutions LLC Services and your use of the data you obtain by use of the Services. The Driven Race & Club Solutions LLC grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in The Driven Race & Club Solutions LLC.

2. Services to be Rendered and Delivery of Services

The Driven Race & Club Solutions LLC offers its services on an "as is" basis. Through the "Services", The Driven Race & Club Solutions LLC provides marketing tools, information, information management and storage and support. Users can also create and send email newsletters using the tools to distribute content supplied by the User to email addresses also supplied by the User. The User acknowledges that The Driven Race & Club Solutions LLC does not create any content and that The Driven Race & Club Solutions LLC is not the author or the publisher of any newsletters. The User further acknowledges that The Driven Race & Club Solutions LLC does not rent or sell email lists. The Driven Race & Club Solutions LLC reserves the right, but is not obligated to, review and approve any content posted by Users. The Driven Race & Club Solutions LLC retains the right to cancel and delete any account violating responsible Usage Rules as defined by The Driven Race & Club Solutions LLC. The Driven Race & Club Solutions LLC disclaims all copyright and other rights in such content and all responsibility for them.

By permitting direct email campaigns, The Driven Race & Club Solutions LLC makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter. The Driven Race & Club Solutions LLC specifically disclaims liability for direct, consequential or incidental damages arising from such accounts. By posting an email newsletter from The Driven Race & Club Solutions LLC, User warrants that the content is true, and that User will indemnify The Driven Race & Club Solutions LLC against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the services. By using The Driven Race & Club Solutions LLC Services, the User is giving The Driven Race & Club Solutions LLC permission to copy and/or store User content, contact lists and other information. The Driven Race & Club Solutions LLC will not use the User content, contact lists or other User information for any purpose that violates the The Driven Race & Club Solutions LLC privacy policy.

The Driven Race & Club Solutions LLC will use reasonable efforts to ensure posting of the User newsletter at the scheduled time. However, The Driven Race & Club Solutions LLC reserves the right to alter the time and date of delivery of the newsletter and the delivery of the results without prior notification to the User of such a change.

3. Eligibility

The Services are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. If you do not qualify, please do not attempt to use the Services. You will provide true, accurate, current information about yourself as requested by the sign up, registration or billing process. The Driven Race & Club Solutions LLC may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, in its sole discretion. The Driven Race & Club Solutions LLC retains the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete.

4. Applicable Policies and Guidelines

You agree to abide by the procedures and guidelines in the Policy Section online, which are incorporated by reference into, and made part of, this User Agreement. The procedures and guidelines contained in the Policy Section online explain the processes and set out acceptable conduct and prohibited practices. These procedures and guidelines may be changed by us in the future, but unlike the User Agreement, these changes will be effective immediately upon posting without notice to you. You should regularly refer to the Policy Section to understand the current procedures and guidelines for participating.

5. Account Password and Security

The User is responsible for maintaining confidentiality of its username and password. Furthermore, the User is entirely responsible for any and all activities that occur under its username and password. The User is to immediately notify The Driven Race & Club Solutions LLC of any unauthorized use of the account or any breach of security.

6. Modifications to the Services

The Driven Race & Club Solutions LLC reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and The Driven Race & Club Solutions LLC is not obligated to support or update the Services. The Driven Race & Club Solutions LLC will not be liable to the User or any third party in the event that The Driven Race & Club Solutions LLC exercises its rights to modify or discontinue the Services.

7. Modifications of the Terms of Use

The Driven Race & Club Solutions LLC may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to The Driven Race & Club Solutions LLCs hosted site. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the initial posting date of modifications made by The Driven Race & Club Solutions LLC, User agrees to be bound by the Agreement as amended. If at any time, User disagrees with the terms and conditions of this Agreement, User may terminate this Agreement as provided below.

8. Usage Rules

The User represents, warrants, covenants that use of the Services will only be in compliance with this Agreement and all applicable laws. With regard to email campaigns, and other The Driven Race & Club Solutions LLC services, the User specifically agrees not to:

a. Send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission.

b. Use the services for any unlawful purposes.

c. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.

d. Send, submit, or publish any sexually explicit images or material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by The Driven Race & Club Solutions LLC to be offensive.

e. Send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by The Driven Race & Club Solutions LLC.

f. Encourage the use of any controlled substance, transmission of material, information or software in violation of any local, state or federal law.

g. Impersonate any person, including but not limited to, an official of The Driven Race & Club Solutions LLC or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.

h. Upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.

i. Send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.

j. Send content that contains links to web pages that contains nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).

k. Constitutes a raffle, sweepstakes, lottery, or any other form of gambling.

The User agrees not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. The User also agrees not to remove any proprietary notices or labels from the Services or any software, modify, translate, or create derivative works based on the Services or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any software. The Services shall be used for the Users own internal business purposes only.

The User agrees not to remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restriction, laws or regulations of the United States or any other country.

In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by The Driven Race & Club Solutions LLC, The Driven Race & Club Solutions LLC reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data. The Driven Race & Club Solutions LLC also reserves the right to modify the Users data with email notice provided to the User within one business day.

9. Use and Storage

The Driven Race & Club Solutions LLC may store User information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for the User. We may establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum size of campaigns sent through our Services and the maximum number of occasions that the User may access the Services in a given period of time. The Driven Race & Club Solutions LLC has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Services. At any time The Driven Race & Club Solutions LLC may determine that User information can no longer be stored by The Driven Race & Club Solutions LLC or deem User information to be inappropriate and remove it from its databases with or without notice to the User.

If the User does not log into its account for more than 90 days, the account will become inactive. When an account is inactive, at The Driven Race & Club Solutions LLCs sole discretion,The Driven Race & Club Solutions LLC will notify the User by email. Inactive accounts have 30 days to become active or the account and its data may be permanently removed from theThe Driven Race & Club Solutions LLCs databases.

10. Charges for Services

The Driven Race & Club Solutions LLC charges the sellers's credit card, or receives payment by check, or money order. The Payment terms are in U.S. Dollars. The Fees and Payment Terms may vary in the future. The Payment Terms in effect on the date of setting up your service shall govern the transaction. All Payments are payable upon demand on a VISA, MasterCard, American Express, or Discover credit card. User hereby authorizes The Driven Race & Club Solutions LLC to charge the User's credit card for services on a monthly or yearly basis.

In the event that the User fails to pay for services in accordance with the User plan, The Driven Race & Club Solutions LLC reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data. A $25 fee will be charged to the User for any returned checks.

11. Disclaimer of Warranties

At The Driven Race & Club Solutions LLCs request, the User agrees to defend, indemnify and to hold harmless The Driven Race & Club Solutions LLC, its officers, directors and employees from any claims arising from the User's use of The Driven Race & Club Solutions LLCs or the User's breach of the Terms of service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY The Driven Race & Club Solutions LLC ON AN "AS IS" BASIS, AND The Driven Race & Club Solutions LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.

IN NO EVENT WILL The Driven Race & Club Solutions LLC BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, The Driven Race & Club Solutions LLC WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF The Driven Race & Club Solutions LLCS SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

The Driven Race & Club Solutions LLC, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO The Driven Race & Club Solutions LLC WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).

12. Applicable Law

The Site and the Services are arranged, sponsored, or managed by The Driven Race & Club Solutions LLC in the State of Texas, USA. The laws of the State of Texas govern this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Logan, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

13. Termination

This Agreement may be terminated by The Driven Race & Club Solutions LLC at any time; and by the User upon prior written or email notice to The Driven Race & Club Solutions LLC. The termination of the Agreement by either party will not affect (1) the User obligation to pay the charges incurred for services consumed, or (2) The Driven Race & Club Solutions LLC's responsibility to return the Users funds for Services not consumed in the event that the User has prepaid for an annual subscription plan for Services. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers and limitations of liability.

Upon termination by The Driven Race & Club Solutions LLC, the User's right to use the Services will terminate immediately. The User acknowledges and agrees that Emai lContact may remove the User's files and information.

14.Miscellaneous

User acknowledges that the software, algorithms and other processes used to provide the Services, the content (other than content owned by the user or any third party), Usernames, passwords, look, feel and functionality of the services are the property of The Driven Race & Club Solutions LLCs.

These terms and conditions represent the complete, final and exclusive agreement between The Driven Race & Club Solutions LLCs and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between The Driven Race & Club Solutions LLCs and the User.

The laws of the State of Texas will govern this Agreement. If any of the provisions of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Agreement will not be affected