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CONDITIONS OF USE

Introduction

This Site (the "Site") is owned and operated by Driver Digital Holdings Inc. (referred to herein as "we," "us" or "our"). These Terms of Service apply to your use of the Site and govern your rights and responsibilities in connection with such use. The term "Site" includes the content on the Site (including without limitation the Frugalicious Show) and all of the services provided on or through the Site. You "use" the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by these Terms of Service. These Terms of Service are a binding legal agreement between you and us: please read them carefully before you use the Site. We reserve the right to update or modify these Terms of Service at any time without prior notice to you. For this reason, we encourage you to review these Terms of Service whenever you use the Site. Your use of the Site or any part thereof after any changes to these Terms of Service are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. Do not use the Site if you do not agree with any of the terms contained herein.

Privacy

Please review our Privacy Policy, which also governs your use of the Site and is incorporated herein.

License and Site Access

We grant you a limited license to access and make personal use of the Site and not to download or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the license granted by us.

Message Boards and Public Forums

The Site may offers users the ability to post public messages on message boards and forums ("Forums"), which may be open to the public generally or to a select group of users of the Site. You acknowledge that messages posted on such Forums are public, and we cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. We are not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. You further understand and acknowledge that you may be exposed to submissions on such Forums that are inaccurate, offensive, indecent, or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We reserve the right, but disclaim any obligation or responsibility, to prevent you from posting submissions to any Forum and to restrict or remove your submissions from a Forum for any reason or no reason at any time.

User Accounts

In order to access some features of the Site, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account password. You are also solely responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Although we will not be liable for your losses caused by any unauthorized use of your account, you acknowledge and agree that you may be liable for the losses to us or to third parties due to such unauthorized use. The Frugalicious Show also reserves the right to revoke Frubucks at any time if they are acquired in a fraudulent manner, which may include, but is not limited to posting duplicate comments or the use of invalid email addresses.

Content Posted By You

By submitting any text, message or other data or information (collectively, "User Content") to the Site, you represent and warrant that: (i) you have full right and power to enter into and perform under these Terms of Service, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms of Service; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (iii) none of your User Content is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights; (iv) your User Content is not and will not be defamatory, trade libelous, pornographic or obscene; and (v) you are at least 18 years of age.

By submitting User Content to the Site, you herby grant to us an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content and to grant and authorize sublicenses of the foregoing. You also irrevocably grant the Site's users the right to access your User Content in connection with their use of the Site. In addition, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your User Content.

By submitting User Content to the Site, you also acknowledge and agree that you alone are responsible for your User Content. You assume all risks associated with your User Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your User Content that makes you personally identifiable.

You also understand and acknowledge that you may expose yourself to liability if, for example, your User Content violates any third-party right, including any trademark, patent, copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any third party; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful; or violates any law or regulation.

We reserve the right to remove any User Content at our sole discretion, at any time, for any reason or no reason, without notice or liability.

Promotions, Sweepstakes and Contests

On occasion, we and/or certain of our advertisers may elect to conduct certain promotions, sweepstakes or contests (collectively, "Promotions") on the Site. Each such Promotion may have specific rules and regulations. Any such rules and regulations are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service.

Products and Services and Pricing Information

Although we have made every effort to display the products and services offered for sale on the Site and, in the case of products, their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and we cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock and products or services may be discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. The products or services offered for sale on the Site may contain descriptions that are provided directly by the manufacturer or distributor of such product or the provider of such service. We do not represent or warrant that the descriptions of such items are accurate or complete. If you purchase an item that is not as described on the Site, your sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price. In some cases this Site may contain links to other Internet websites that third parties own or operate and on which the products and services described on this Site are actually sold. In such cases you will be purchasing such products or services directly from such third party, and the terms and conditions described on such third party site will control such transaction.

Ownership

Other than as set forth elsewhere in these Terms of Service, we own and retain all proprietary rights in the Site, including without limitation all videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site. The Site contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of ours and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without the our express written consent in each case. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under the intellectual property rights of us or any third party.

Trademarks

Driver Digital, driverdigital.com, Frugalicious and The Frugalicious Show are trademarks owned by us and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners. No trademark license is granted in connection with the materials contained on the Site. Subject to the first sentence under the heading "License and Site Access," access to the Site does not authorize anyone to use any name, logo or mark in any manner.

Copyright Policy

We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have a policy of terminating repeat infringers' access to the Site in appropriate circumstances.

If you believe that any material residing on or linked to from the Site infringes your copyright, please send our Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and

(f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, Driver Digital Holdings Inc., 9454 Wilshire Boulevard, Suite 850, Los Angeles, CA 90212; Facsimile: (310) 275-0562.

Third Party Sites

This Site contains links to other Internet websites that third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and are not responsible for any changes to or content on them. Our inclusion of any material in its search database or a link on the Site is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

Reference on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and we make no representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, or purchase any third party products, you do so entirely at your own risk.

Indemnification

You agree to defend, indemnify and hold harmless us and any of our affiliates, employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys' fees and court costs, arising from or related to (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Disclaimer of Warranties

THIS SITE IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SEVICES OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS LIMITATION OF LIABILTY IS A MATERIAL TERM FOR ALLOWING YOUR USE OF AND ACCESS TO THE SITE.

Applicable Law

By visiting the Site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us. You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York.

Disputes

Any dispute relating in any way to your visit to the Site or to products or services you purchase through the Site shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

Termination

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, your Content, or any other related information. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing us with a notice of termination as provided on the Site; provided, however, that information you have posted on the Site may remain. In the event of any termination, whether by you or us, the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Message Boards and Public Forums, Content Posted By You, Ownership, Trademarks, Indemnification, Disclaimer of Warranties, Limitation of Liability, Applicable Law, Disputes and Termination.