DRIVING SPORTS RIGHTS
All right, title, and interest in and to drivingsports.com are and will remain the exclusive property of MediaSpigot LLC (dba “Driving Sports”) and its licensors. Driving Sports is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Driving Sports name or any of the Driving Sports trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Driving Sports, or drivingsports.com is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
USE OF DRIVINGSPORTS.COM
We reserve the right at all times (but will not have an obligation) to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Driving Sports, its users and the public. You may not do any of the following while accessing or using drivingsports.com: (i) access, tamper with, or use non-public areas of drivingsports.com, MediaSpigot LLC’s computer systems, or the technical delivery systems of MediaSpigot LLC’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search drivingsports.com by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Driving Sports (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Driving Sports (NOTE: crawling drivingsports.com is permissible if done in accordance with the provisions of the robots.txt file, however, scraping drivingsports.com without the prior consent of Driving Sports is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use drivingsports.com to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing drivingsports.com, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on drivingsports.com.
PAYMENTS & REFUNDS
When you become a paying Driving Sports member, you will be charged for the purchase amount you’ve specified. Premium Access is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
CANCELLATION & TERMINATION
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by removing the membership pass in your Membership Details page. If you cancel your Season Pass, the cancellation will take effect immediately. Upon cancellation, you will not be refunded any previous payments made. You will also lose access to all Member and Season Pass content. Driving Sports, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of drivingsports.com, for any reason at any time. Such termination of drivingsports.com will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your Account. Driving Sports reserves the right to refuse service to anyone for any reason at any time.
Driving Sports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, drivingsports.com (or any part thereof) with or without notice. Driving Sports shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of drivingsports.com.
INFORMATION SHARING AND DISCLOSURE
We may share or disclose your information with your consent, such as when you use a third party web client to access your Driving Sports account. In the event that Driving Sports is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this agreement will apply to your information as transferred to the new entity. We may share or disclose your non-private, aggregated or otherwise non-personal information. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Driving Sports’s rights or property.
You are responsible for safeguarding the password that you use to access drivingsports.com and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Driving Sports cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. drivingsports.com is available “AS-IS” Your access to and use of drivingsports.com is at your own risk. You understand and agree that drivingsports.com is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, MEDIASPIGOT LLC (dba “Driving Sports”) AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of drivingsports.com or any content thereon. Driving Sports will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of drivingsports.com. You also agree that Driving Sports has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by drivingsports.com. We make no warranty that drivingsports.com will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Driving Sports or through drivingsports.com, will create any warranty not expressly made herein.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIASPIGOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, COPYRIGHT, TRADEMARK, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Driving Sports HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold MediaSpigot LLC, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access or use of drivingsports.com, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including but not limited to claims of copyright or trademark infringement.
WAIVER AND SEVERABILITY
The failure of Driving Sports to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence.
These Terms are the entire and exclusive agreement between Driving Sports and you regarding drivingsports.com (excluding any services for which you have a separate agreement with Driving Sports that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Driving Sports and you regarding drivingsports.com. Other than members of the group of companies of which MediaSpigot LLC is the parent, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time. By continuing to access or use drivingsports.com after those revisions become effective, you agree to be bound by the revised Terms.
The Driving Sports name and the logo are trademarks of MediaSpigot LLC.
MediaSpigot LLC is located at PO BOX 2866, Kirkland Washington, 98083. Phone: four two five 458-4949.