Website Terms of Use
These Website Terms of Use ("Terms") govern your use of dryvermedia.com and any page that links to these Terms (the "Site"). The Site is operated by DryverMedia LLC, a Nevada limited liability company, 10120 W. Flamingo Rd., Suite 4-310, Las Vegas, NV 89147 ("DryverMedia," "we," "us" or "our"). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
IMPORTANT: Section 12 contains a binding arbitration agreement and class action waiver that affect how disputes are resolved.
1. Other agreements
The Site is a business website. If you register as a publisher or affiliate, your participation is governed by the DryverMedia Publisher Agreement. If you buy media, leads, calls or clicks from us, your relationship is governed by the DryverMedia Advertiser Terms and any insertion order. If those agreements conflict with these Terms, those agreements control. Our Privacy Policy explains how we handle personal information and is part of these Terms.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. If you use the Site on behalf of a company, you represent that you have authority to bind that company to these Terms.
3. Accounts
Some features, including the publisher and advertiser portals, require an account. You must give accurate information, keep your login credentials confidential and notify us promptly at support@dryvermedia.com of any unauthorized use. You are responsible for all activity under your account. We may refuse, suspend or close any account at our discretion.
4. Acceptable use
You agree not to:
- use the Site for any unlawful, fraudulent or deceptive purpose;
- scrape, crawl, harvest or copy content or data from the Site by automated means without our written permission;
- probe, scan or test the Site's security, or interfere with or disrupt the Site or its servers;
- upload viruses or other harmful code;
- impersonate any person or business, or misrepresent your affiliation with anyone;
- submit false information through any form on the Site; or
- use the Site to build a competing product or service.
5. Intellectual property
The Site and its content, including text, graphics, logos, the DryverMedia and DryverRewards names, software and page design, are owned by DryverMedia or its licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your own business purposes. You may not copy, modify, distribute or create derivative works from the Site without our written permission. All rights not expressly granted are reserved.
6. Feedback
If you send us ideas, suggestions or feedback, we may use them for any purpose without obligation or payment to you.
7. Third-party links and offers
The Site may link to websites, offers and services run by third parties, including the websites DryverMedia operates for consumers and our partners' offers. We do not control third-party sites and are not responsible for their content, products, services or privacy practices. Your dealings with any third party are solely between you and that third party.
8. No professional advice
Content on the Site is for general business information only. It is not legal, financial, insurance or tax advice.
9. Disclaimer of warranties
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, DRYVERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DRYVERMEDIA AND ITS MEMBERS, MANAGERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.
11. Indemnification
You will defend, indemnify and hold harmless DryverMedia and its members, managers, employees and agents from any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of the Site, your violation of these Terms or your violation of any law or third-party right.
12. Dispute resolution; arbitration; class action waiver
Informal resolution. Before filing any claim, you agree to email support@dryvermedia.com with a description of the dispute and try to resolve it informally for 30 days.
Binding arbitration. Any dispute arising from or relating to the Site or these Terms that is not resolved informally will be resolved by final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where they apply). The arbitration will be held in Clark County, Nevada, or by video conference. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property.
Class action waiver. You and DryverMedia may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is found unenforceable for a claim, that claim will proceed in court, not arbitration.
Right to opt out of arbitration. You may opt out of this arbitration agreement by emailing support@dryvermedia.com with the subject "Arbitration Opt-Out" within 30 days after you first use the Site. If you opt out, Section 13 governs where disputes are heard.
Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent the law allows.
13. Governing law and venue
These Terms are governed by the laws of the State of Nevada, without regard to conflict of laws rules, and by the Federal Arbitration Act. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state courts located in Clark County, Nevada, and the United States District Court for the District of Nevada.
14. Changes to these Terms
We may update these Terms by posting a revised version on the Site with a new effective date. Changes apply from that date. Your continued use of the Site after a change means you accept it.
15. General
These Terms, together with the Privacy Policy and any agreement referenced in Section 1, are the entire agreement between you and DryverMedia about the Site. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Neither party is liable for delays caused by events beyond its reasonable control.
16. Contact
DryverMedia LLC
10120 W. Flamingo Rd., Suite 4-310
Las Vegas, NV 89147
support@dryvermedia.com ยท 702-482-9786