1. Acceptance of Terms
2. Use of the Site and/or Services
3. User Registration
You are responsible for maintaining the confidentiality of any email username and/or password provided to you by drvn for use in connection with the Site and/or Services. You are solely responsible for all activities that occur under your email username and/or password, and you agree to notify drvn immediately of any unauthorized use of your email username and/or password or any other breach of security related to the Site and/or Services. drvn will not be liable for any loss or damage arising from your failure to safeguard your email username and/or password or to comply with this section.
4. Use of Services
drvn’s provision to you of the Services may be subject to other terms, conditions, and restrictions posted on the Site or otherwise communicated in writing to you by drvn, including via email. The Services are subject to availability across all markets and will be deemed available through an email confirmation provided by drvn. Please refer to the Frequently Asked Questions page and/or Service Agreement page for more information.
5. Payment Processing
6. Payment Terms
You are responsible for all fees, including taxes, associated with your use of the Service. All fees charged to you by drvn, are due in accordance with the Service Agreement on drvn’s invoices and other formal written arrangements if any. drvn reserves the right to determine final pricing, and, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on drvns final pricing. drvn may change the fees for its Services, as it deems necessary. Please refer to our Service Agreement for further information.
9. Communications and Delays
E-mail, text messages (SMS), push notifications (PNS), ultra-low frequency communications (ULF), and/or near field communications (NFC) sent from, sent by, or authorized to be sent by drvn are designed to make your use of the Services more efficient. You specifically agree to accept and consent to receiving all the aforementioned forms of communication (E-mail, SMS, PNS, ULF and NFC) as initiated or authorized by drvn. Standard SMS charges applied by your mobile carriers will apply to SMS messages drvn sends you. drvn reserves the right to cancel the notification Services at any time; you may cancel (opt-out) the Services by replying to any text message received from drvn with the word “STOP”
drvn Site and/or Services Content may be temporarily unavailable from time to time for maintenance or be subject to delays, data loss, delivery failures, or other problems inherent in the use of the Internet and other electronic communications protocols. drvn assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications, or for any damages resulting from such problems.
10. International Access
The Site and/or Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site and/or Services. We make no representations regarding the legality of this Site and/or Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
11. Proprietary Rights and Communication with drvn
(i)The Site, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Site and/or Services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site and/or Services) by MOVEO LLC d/b/a DRVN and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Site and/or Services, or any other drvn or licensor owned intellectual property without drvn's prior permission; provided, however, that you may download or print a copy of information from the Site for your use in learning about, reserving, or using the Services.
12. Third-Party Applications
The Site and/or Services may enable you to link or connect you to use functionalities of third-party applications, services, or sites that are not owned or controlled by drvn (“Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third-party provider. drvn has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third parties that may be accessible via the Site and/or Services. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications.
13. Warranty Disclaimer
THE SITE AND/OR SERVICES AND ANY INFORMATION PROVIDED THROUGH THE SITE AND/OR SERVICES, INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION, ARE PROVIDED BY DRVN ON AN "AS IS" BASIS AND NEITHER DRVN NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND/OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE AND/OR SERVICES. IN ADDITION, DRVN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, THE ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER DRVN NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
14. Limitation of Liability
IN NO EVENT WILL DRVN, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE WEB SITE, THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER DRVN KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRVN’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE AND/OR SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO DRVN FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
You acknowledge that drvn has agreed to provide the Site and/ or Service in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
17. Governing Law
18. Section Headings and Summaries
20. Waiver and Remedies
21. Force Majeure
drvn shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Site and/or Services provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government-sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by the public carrier, or any other circumstance substantially beyond the control of drvn.
drvn may give notice by email or by first-class mail to your email and address, as registered by drvn and on record in drvn's database of account information. Such notice is deemed to have been given 48 hours after postmarked (if sent by first class mail) or 12 hours after sending (if sent by email). You may give notice to drvn (such notice shall be deemed given when received by drvn) at any time either by letter delivered by either FedEx or UPS overnight delivery services or first class postage prepaid mail to drvn to the attention of Chief Executive Officer at the following address:
MOVEO LLC d/b/a DRVN
1200 Anastasia Avenue, Suite 225, Coral Gables, FL 33134
23. Entire Agreement
24. Contact Information