Terms and Conditions

Domain Lease Agreement

This Domain Lease Agreement (“Agreement”) becomes effective on the date the Partner first purchases, accesses, or uses the Company's services (the “Effective Date”), and is entered into by and between Digital Service Brands LLC, a Florida limited liability company operating as CarAccidents.com (“Company”), and the organization accessing or using the services (“Partner”). The Company and Partner may be referred to individually as a “Party” and collectively as the “Parties.”

1. Domains / Services

1.1. Company agrees to provide Partner with access to and placement within certain digital properties, including but not limited to branded sections, listings, or placements on Company-owned or operated websites (the “Domains” or “Services”), as further described in the applicable order, insertion order, or signup form (the “Order”).

1.2. The specific domains, geographic areas, placement details, and any included or supplemental placements shall be set forth in the Order.

2. Lease Term

2.1. The lease term shall commence on the effective date set forth in the Order and run for the period specified therein.

3. Lease Payment

3.1. Lessee shall pay the fees set forth in the Order. Payment structure, including any installment schedule, shall be as specified in the Order.

4. Representations and Warranties

4.1. The Company represents and warrants that it has valid rights to the Domains and is authorized to make this Agreement.

4.2. Lessee acknowledges that the amount of traffic generated by the Domains, if any, may vary depending upon conditions that are not within the control of the Company.

4.3. The Company makes no specific warranty as to the performance of any product or service anticipated under this Agreement except as expressly set forth in the Order. Any minimum performance thresholds, metrics, or criteria shall be defined solely in the Order.

4.4. To the extent the Order includes any performance guarantees, cancellation rights, or refund provisions, such terms shall be governed exclusively by the Order.

5. Use of Domains

5.1. Lessee agrees to use the Domains only for lawful purposes.

5.2. The lease of these Domains is not intended to, nor does it constitute, a referral service or lead generation platform of any kind.

5.3. The Lessee shall comply with all applicable federal, state, and local laws and regulations governing the use of the Domains.

6. Indemnification

6.1. The Lessee shall indemnify and hold the Company harmless from any claims or liabilities arising from the use of the Domains by the Lessee.

7. Transferability and Assignment

7.1. The lease agreement may not be assigned or transferred by the Lessee without the express consent in writing by the Company. A new lease agreement will be required before the subject Domain may be leased to another party within the same state following termination of this Agreement by the Lessee.

7.2. The Company reserves the right to sell or transfer domain use, ownership, or interest in this lease at its sole discretion.

8. Termination

8.1. The Lessee shall be responsible for the total balance of all payments at all times under the Agreement.

8.2. The Company may terminate this Agreement upon written notice to the Lessee of a missed payment and the Lessee's failure to make payment within five (5) days after receiving notice of such breach. In the case of termination for non-payment by the Lessee, the Lessee shall remain liable to the Company for any remaining balance under the Agreement. In this instance, the Company is entitled to one hundred percent of the balance of the lease to be paid in full within thirty days of initial breach.

8.3. The Company may, at its sole discretion, revoke or terminate this lease agreement for any reason it deems fit, or without reason at all.

9. Confidentiality

9.1. The Company agrees to maintain the strict confidentiality of the information exchanged between the Parties.

9.2. The Company and Lessee agree that in the process of working together, certain information may be collected that requires both parties to transfer information.

10. Ownership and Intellectual Property

10.1. Notwithstanding anything to the contrary in this Agreement, the Domains and their content shall remain the property of the Company.

10.2. The Lessee acknowledges that it is only leasing the Domains for the lease term and under the terms of this Agreement, and that no title or ownership rights are transferred to the Lessee.

11. Alternative Dispute Resolution

11.1. Any dispute arising out of or relating to this Agreement shall be submitted to voluntary mediation. Either party may send a written demand for mediation to the opposite party, who shall respond within twenty (20) days with their acceptance or rejection of the demand. The parties shall mutually agree to a particular mediator.

11.2. In the event mediation results in an impasse, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration may occur remotely and, if physical presence is required by the Arbitrator, then the proceeding shall occur in Palm Beach County, Florida.

12. Merger Clause

12.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Electronic Execution

13.1. This Agreement may be executed electronically, and any electronic signature of a party shall be deemed an original “ink” signature for all lawful purposes.

14. Legal Review

14.1. The Lessee confirms that they have been afforded an opportunity to review this Agreement with the legal counsel of their choice to confirm that its terms are in substantial compliance with the laws of the state where the Lessee conducts business.

14.2. The Lessee acknowledges that they have either been advised by counsel that the Agreement is in compliance with their state's laws or have voluntarily chosen not to have the Agreement reviewed by counsel, assuming the risk that the Agreement may not comply with all applicable laws.

15. Non-Refundable Payments and Chargeback Waiver

15.1. Lessee agrees that all payments made to Company under this Agreement are final, except as expressly provided in the Order. Lessee acknowledges and agrees that, under no circumstances shall Lessee initiate, request, or pursue any chargebacks, reversals, or disputes with any bank, credit card issuer, or payment processing service in connection with payments made pursuant to this Agreement. Any attempt by Lessee to charge back or reverse a payment shall constitute a material breach of this Agreement.

15.2. In the event that Lessee initiates a chargeback, Company reserves the right to suspend all services immediately and pursue all available remedies, including but not limited to legal action for recovery of the full amount of the chargeback, any associated fees, and any additional costs incurred as a result of such breach.

16. Use of Lessee Intellectual Property for Promotional Purposes

16.1. Lessee hereby grants Company a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and publicly perform Lessee's name, logo, trademarks, testimonials, and other intellectual property (“Lessee IP”) for the purpose of marketing, advertising, and promoting Company's services. This license includes, but is not limited to, the right to feature Lessee IP on Company's websites, social media platforms, press releases, case studies, and other promotional materials.

16.2. Lessee acknowledges that the Company may edit or modify the Lessee IP as reasonably necessary to fit the format of the promotional medium, provided that such modifications do not materially alter the substance of the Lessee IP.

16.3. Lessee warrants that they have the necessary rights to grant this license and that the use of Lessee IP by Company as permitted under this clause will not infringe on any third-party rights.

17. Personal Guarantee

17.1. By accepting this Agreement on behalf of the Partner, the individual accepting these Terms (“Guarantor”), who represents that they are an owner, officer, or principal of the Partner, personally, unconditionally, and irrevocably guarantees the full and prompt payment and performance of all obligations of the Partner under this Agreement, including, without limitation, all fees, charges, costs, interest, and expenses incurred.

17.2. This is a continuing, absolute, and unconditional guarantee of payment, and not of collection. The Company is not required to first pursue or exhaust any remedies against the Partner or any other person or entity before enforcing this guarantee against the Guarantor.

17.3. The Guarantor waives any defenses based on lack of notice, amendment or modification of this Agreement, extension of time, settlement, or compromise between the Company and the Partner.

17.4. The obligations of the Guarantor shall survive termination of this Agreement and remain in full force and effect until all amounts owed to the Company have been paid in full.