Terms and Conditions

This website www.drivenbyfury.com

(the “Site”) is owned and operated by Driven by Fury Incorporated (the “Company”). By accessing or using the Site, whether through a personal computer, mobile device or any other technology, you accept and agree to be bound by the Terms of Use (the “Terms”). This Terms of Use Agreement (this “Agreement”) is a legal agreement between you and, Driven by Fury Incorporated. (“Driven by Fury Incorporated”,  “we,” “us” or “our”) providing, among other things, the terms and conditions for your access to and use of this Web site http://www.DrivenByFury.com. Please read the Agreement carefully and print a copy for your records. The Company may modify the Terms without notice, effective upon posting on the Site. Your access or use of the Site at any time constitutes acceptance of the Terms in effect at that time.

Effective Date: November 16, 2023. Last Updated:  November 16, 2023

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVAT1ONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM.   IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORJZED TO USE THIS SITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.

1. LICENSE TO USE THIS SITE, PRIVACY AND SHOPPING POLICY

1.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Site. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.

ANY USE OF THIS SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

The Company’s Privacy Policy and Shopping Policy also govern your access to and use of the Site, information you provide or the Company collects on or through the Site, and product purchase and return requirements. Each policy is incorporated into the Terms by reference. 1.2 Driven by Fury’s, LICENSE TO USE reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make available to the public, and exercise all copyright and publicity rights with respect to the Content worldwide and/or to incorporate the Content in any other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in the Content. 1.3 You also permit any other user of the Site to access, store or reproduce the Content for that user’s personal use. In addition, you grant DRIVEN BY FURY INC the right to use any concepts or ideas reflected in the Content you submit to DRIVEN BY FURY INC or post on the Site in promotions, advertising, marketing or product or service offerings, without attribution, compensation or notice to you.

If you are not sure that you have all of those rights in any Content you are considering submitting, then please do not submit, post or upload it to the Site.

2. SITE INFORMATION AND PRODUCTS

2.1 Information. We reserve the right to change or make corrections to any of the information provided on this Site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Site.

3. Products.  Driven by Fury’s products are sold exclusively through Driven by Fury’s retail partners globally and the e-commerce section of the  ” Driven by Fury’s ” Website. The e-commerce section of  ”DrivenbyFury.com” Site for the United States is for the entire globe. Prices stated for the United Sates on this Site are U.S. mainland prices only. Shipping cost vary from country to country and is left for purchaser to choose. Any purchase from other Web sites are made entirely at the risk of the purchaser, with regard to the authenticity of such items.

4. Driven by Fury prides themselves on the importance of intellectual property rights of others and asks users of the Site to have the same respect. The United States Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that their content (verbiage, image) appearing on the Internet infringes their rights under U.S. copyright law. If there is a chance that you feel that any content on this site has infringed your copyright we urge you to inform us immediately.

5. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

6. PURCHASE FOR PERSONAL USE ONLY

You may purchase Driven by Fury products for personal use only and not with the intention of resale. By placing your order, you are certifying that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.

7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warranty that your use of our service will be uninterrupted, timely, secure or error-free. We do not warranty that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

7.1 ALL COMPANY PRODUCTS ONTHIS SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND ALL PRODUCTS PURCHASED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCTS AND/OR CONTENT AVAILABLE ON OR THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL MATTER. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND YOUR PURCHASE OF PRODUCTS ON OR THROUGH THE SITE ARE AT YOUR SOLE RISK. 7.2 Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or countries do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or countries, our liability shall be limited to the maximum extent permitted by law. 7.3 THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS, THE PRIVACY POLICY, THE SHOPPING POLICY OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS, THE PRIVACY POLICY, THE SHOPPING POLICY OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

8. INDEMNIFICATION

8.1 You agree to indemnify, you agree that you are personally responsible for your use of the Site, and in addition to any indemnification obligations set forth in “Other Site Content and Proprietary Rights,” defend and hold harmless Driven by Fury and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 8.2 Notwithstanding the foregoing, if an indemnification obligation arises from damages sustained by the parties (as opposed to a third party), then the indemnification obligation shall not include the obligation to defend. Driven by Fury reserves the right, at your expense, to assume control of the defense of any claim subject to the above indemnity. You agree to cooperate with Driven by Fury Inc., at your own expense, in any such matter. You agree not to settle any indemnified claim without the Company’s prior written consent.