Download
about
business
Contact Us
Last Updated: 05/11/2019
Effective: 05/11/2019
Welcome to DriveWayz! This service is owned and operated by DriveWayz, LLC (“DriveWayz,” “us,” “our,” or “we”). These Terms of Use ("Terms") set forth the terms and conditions under which you are authorized to use to our “Service” which includes our website located at https://drivewayz.io/ or other website where these Terms are posted (the “Site”), and our DriveWayz Application (the “Application”). The Service enables parking space holders (“Hosts”) and vehicle owners (“Consumers”) to list, reserve, and rent driveways, garage spaces, street parking, or types of parking spaces (each, a “Parking Space”). In certain instances, the Service may also include an option to receive driving directions and/or purchase tickets to events through a third party. Unless otherwise agreed in a separate written agreement with you, the Service is made solely for your personal, noncommercial use.
Please read these Terms carefully, as they constitute a legal agreement between you and DriveWayz. By accessing or using our Service, you agree to these Terms.
To the extent additional rules or guidelines of DriveWayz affect your use of our Service, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy shall control to the extent of such conflict. Capitalized terms not defined in these Terms will have the definition set forth in the Privacy Policy.
DriveWayz’s collection and use of personal information in connection with the Service is described in DriveWayz’s Privacy Policy located at https://drivewayz.io/privacy-policy
Subject to your compliance with these Terms, DriveWayz grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by DriveWayz and DriveWayz's licensors.
In order to use most aspects of the Service, you must register for and maintain an active personal user Service account ("Account"). To obtain an Account, you must be at least 16 years of age or be a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. Account registration requires you to submit to DriveWayz certain personal information as described further in our Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Service.
You are responsible for maintaining the confidentiality and security of your DriveWayz Account credentials and may not disclose your credentials to any third party. You must immediately notify DriveWayz if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your DriveWayz Account.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Service, and you may only access or use the Service for lawful purposes. You may not in your access or use of the Service cause nuisance, annoyance, inconvenience, or property damage to any other party (e.g. to Hosts or Consumers).
DriveWayz reserves the right to terminate your access in the event you violate these Terms or any Service Agreement. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.
We may use third party service providers in order to provide the Service to you. Except in connection with their use of our Service, third parties are not governed by these Terms. You acknowledge that any reliance on representations and warranties provided by any party other than DriveWayz will be at your own risk. Your use of any third-party-operated websites/services may be subject to additional terms of use and privacy policies. DriveWayz does not endorse such third-party services and content and in no event shall DriveWayz be responsible or liable for any products or services of such third party providers.
If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. At times, our Services may rely on Google Maps. In addition to these Terms, your use of our Service is subject to the Google Maps/Google Earth Additional Terms of Services, the Google Terms of Service, and the Google Privacy Policy.
If you opt-in to the use of turn-by-turn directions or Parking Space suggestions, you agree to Mapbox’s Terms of Service.
By using the Service, you agree that DriveWayz may communicate with you electronically regarding your use of the Service and related matters, and that any notices, agreements, disclosures or other communications that DriveWayz sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify DriveWayz at contact@drivewayz.io.
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right.
You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that our Service will be error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. DriveWayz does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet, telecommunication infrastructure, and electronic communications.
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service):
violate or encourage the violation of any local, state, national, or international law or regulation;
collect or store personal data about other users of our Service or solicit personal information from any individual without proper rights or consent of the individual;
send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by DriveWayz in its sole discretion;
infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
disrupt or interfere with the security or use of the Service or any websites or content linked to them;
interfere with or damage the integrity of the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
use the Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) DriveWayz, or create or use a false identity;
attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
use any meta tags or any other “hidden text” utilizing DriveWayz name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any DriveWayz content or any use of or access to the Service;
use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon;
deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service;
access the Service in order to build a competitive service or to benchmark with a non- DriveWayz service; or
reverse engineer the Service (to the extent such restriction is permitted by law).
TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVEWAYZ, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF, INABILITY TO USE, OR RELIANCE ON OUR SERVICES. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY USER-SUBMITTED CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I)ANY PROPERTY DAMAGE ARISING OUT OF A RESERVATION; (II) ANY THEFT OF ANY USER'S PROPERTY; (III) DAMAGE TO USERS’ PROPERTY RESULTING FROM MISUSE OF PARKING SPACES, AUTOMOBILE COLLISIONS, DAMAGE TO PARKING SPACES, OR DAMAGE CAUSED BY VEHICLE REMOVAL, IMMOBILIZATION, OR OTHER PROPERTY DAMAGE THAT MAY OCCUR IN CONNECTION WITH A PARTY’S ENFORCEMENT OF ITS RIGHTS HEREUNDER; (IV) DEATH OR INJURY ARISING FROM OR OUT OF YOUR USE OF THE SERVICE; AND (V) PARKING TICKETS, MOVING VIOLATIONS, OR OTHER CITATIONS ARISING OUT OF YOUR USE OF THE SERVICE.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO INSURE YOUR OWN PROPERTY AND THAT DRIVEWAYZ DOES NOT PROVIDE ANY INSURANCE OR REDRESS FOR DAMAGED PROPERTY OR PERSONAL INJURY. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USERS. IN THE EVENT OF A DISPUTE BETWEEN TWO USERS, DRIVEWAYZ MAY, BUT SHALL NOT BE OBLIGATED TO, BECOME INVOLVED IN SUCH ACTION, AND IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED LOSS, LIABILITY, DAMAGE, FEES, PENALTIES, OR SETTLEMENTS ARISING FROM ANY DISPUTE BETWEEN USERS.
DRIVING CAN BE DANGEROUS, AND USE OF OUR TURN-BY-TURN DIRECTIONS IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR TURN-BY-TURN DIRECTIONS IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE TURN-BY-TURN DIRECTIONS, DO NOT RELY ON THE TURN-BY-TURN DIRECTIONS. YOU MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to indemnify and hold the DriveWayz Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your (i) use of our Service; (ii) violation of these Terms (including any other agreements incorporated herein); (iii) violation of the law; (iv) provision of a Parking Space as a Host or use of such Parking Space as a Consumer; or infringement of a third party’s intellectual property or other rights by you, or another user of our Service using your computer, device or account.
All content, copyrights and other intellectual property rights in the content available on our Service, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by DriveWayz or a third party, with all rights reserved, or in some cases may be licensed to DriveWayz by the third party or other third parties. This Content is protected by the intellectual property rights of DriveWayz or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with DriveWayz.
In the event that you find content posted on our Service which you believe to be an infringement of the copyright of any third party, please immediately contact DriveWayz’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
DriveWayz
Attn: DMCA
3929 Hawthorne Cir. Longmont, CO 80503
E-mail: contact@drivewayz.io, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of DriveWayz to terminate use of our Service by repeat infringers in appropriate circumstances.
Any use of Content on the Service, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DriveWayz or as part of a Client agreement with DriveWayz, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of DriveWayz. You may not make any use of Content owned by any third parties which is available on the Service, without the express consent of those third parties.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation all photos, documents, messages, initiation of support requests, and any other Content which does not originate with DriveWayz ("User Content"), is the sole responsibility of the person who made such User Content available on the Service. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DriveWayz in its sole discretion, whether or not such material may be protected by law. Under no circumstances will DriveWayz be liable in any way for any User Content made available through the Service by you or any third party.
Since DriveWayz does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, accuracy, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Service, you may encounter Content that you may consider to be objectionable. User Content is owned by the author thereof, and DriveWayz does not claim ownership of original works created and posted by individual visitors to the Service. DriveWayz reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by DriveWayz of such discretion shall not convert or transform User Content to content owned or provided by DriveWayz, and the user who made such User Content available on the Service will retain ownership thereof as described below.
By providing User Content to DriveWayz, you grant DriveWayz a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and DriveWayz's business and on third-party sites and services), without further notice to or consent from you, without attribution to you, and without the requirement of payment to you or any other person or entity.
If you believe that any Content on our Service violates these Terms or is otherwise inappropriate, please report the Content by contacting us at contact@drivewayz.io.
In the event that you submit any Content that violates these Terms or is otherwise inappropriate, DriveWayz reserves the right to terminate your access to our Service.
We welcome your comments and feedback about our Service. All information and materials submitted to DriveWayz through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of DriveWayz (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but DriveWayz reserves the right to treat any such Feedback as the confidential information of DriveWayz.
By submitting Feedback to DriveWayz, you assign to the DriveWayz Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The DriveWayz Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
You understand that the request or use of the Service may result in charges to you consisting of the rental fee, service fees, and other applicable fees and taxes (“Charges”). Charges applicable may change at any time. Any changes in price will not affect the price of Parking Spaces already reserved by a User. Despite DriveWayz’s best efforts, some of the Parking Spaces listed on the Service may be incorrectly priced. The correct payment amount is the amount shown in the My Bookings page on your account. DriveWayz does not guarantee that pricing for Reservations will be the best available at the time of Reservation or Reservation request.
Charges are determined up front, before you confirm your Reservation. The Charges include the base rate, service fees, and taxes. DriveWayz determines the base rate of a Parking Space, which is subject to surge pricing and may change based on geographic location and demand. DriveWayz fees and taxes are calculated and set in direct relation to the base rate and geographic location of the Parking Space. DriveWayz service fees are subject to change at any time and will be reflected in our Booking Fee Schedule. You acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DriveWayz will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You agree to pay in full the price displayed on the Service for the total reservation price, which includes the parking rate plus, where applicable, service fees, and taxes at the time of your booking request. Once your booking has been successfully completed, a Reservation will be issued in respect of the Parking Space booked. Charges paid by you are final and non-refundable, unless otherwise determined by DriveWayz.
All financial transactions within the DriveWayz Service are processed by Stripe and its affiliates.
You understand that a confirmed Reservation of a Parking Space is a limited license granted to you by the Host to enter, occupy and use the Parking Space for the duration of your Reservation, during which time the Host (only where and to the extent permitted by applicable law) retains the right to enter the Parking Space, in accordance with your agreement with the Host.
You agree to leave the Parking Space no later than the departure time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon departure time without the Host's consent (“Overstay”), you no longer have a license to stay in the Parking Space. In the event of an Overstay, you agree to pay for each fifteen (15) minute period (or any portion thereof) that you Overstay at a rate of two (2) times the average hourly Charges of your Reservation, plus all applicable fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). After any Overstay exceeds one (1) hour, DriveWayz will contact the Host who, at the Host’s sole discretion, may request the removal of your vehicle or request the installation of a vehicle immobilization device on your vehicle. All expenses associated with towing and storage of an Overstay vehicle will be charged to your account, neither DriveWayz nor the Host is responsible for any expenses, damages, inconveniences, or costs associated with the towing and/or storage of an Overstay vehicle. If you Overstay at a Parking Space, you authorize DriveWayz to charge you to collect Overstay Fees.
If you choose to use DriveWayz as a Host, your relationship with DriveWayz is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of DriveWayz for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of DriveWayz. DriveWayz does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
When creating and publishing the availability of a Parking Space (“Listing”) through DriveWayz you must (i) provide complete and accurate information about your Host Service (such as Listing description, location, and calendar availability), (ii) disclose any deficiencies, limitations, or restrictions (such as vehicle size limitations and handicap accessibility/exclusivity) and (iii) provide any other pertinent information requested by DriveWayz. You are responsible for keeping your Listing information (including calendar availability) up to date at all times.
DriveWayz recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Consumers while parking in your Parking Spaces.
You represent and warrant that any Listing you post and the Reservation of, or a Consumer's use of, a Parking Space will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, landlords, or other agreements, and that the Listing will not violate any applicable laws, regulations, or other rules applicable to the Parking Space. As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who park at or are otherwise present at the Parking Space at your request or invitation, excluding the Consumer and any individuals the Consumer invites to the Parking Space.
Hosts and Consumers are responsible for any modifications to a Reservation that they make via the Application or direct DriveWayz customer service to make ("Reservation Modifications") and agree to pay any additional Charges and/or Taxes associated with such Reservation Modifications.
Consumers may cancel a confirmed Reservation at any time up to twenty-four (24) hours prior to the start time of a Reservation, and DriveWayz will refund the amount of the Charges according to DriveWayz’s refund policy below.
Hosts may cancel confirmed Reservations in the event of an unexpected circumstance that is out of the Host’s control “Emergency”. An Emergency may include, but is not limited to:
•Death
•Severe illness
•Severe damage to the Parking Space that makes it unsafe to host Consumers or makes the Parking Space inaccessible
•Road closures that make it impossible to access the Parking Space.
DriveWayz has sole discretion to determine whether an event or situation is an Emergency for purposes of these Terms.
In certain circumstances, DriveWayz may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Reservation and initiate corresponding refunds and payouts. This may be (i) where DriveWayz believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to DriveWayz, Hosts, Consumers, third parties, or property (ii) in the event that the Host has an Emergency or (iii) in the event the Services experience a technical or administrative issue of any kind.
DriveWayz is not responsible for any inconvenience or loss of income arising from a cancellation.
In the event a Consumer cancels a confirmed Reservation up to twenty-four (24) hours prior to the start time of a Reservation, DriveWayz will refund the amount to the Consumer as long as the cancelled Reservation has Charges totaling at least $5.00. Any refund provided by DriveWayz that is not related to a Deficiency will result in a $5.00 administration fee charged to the Consumer’s account.
The Reservation is non-refundable if the cancellation is made within twenty-four (24) hours of the start time of a Reservation unless the Consumer properly claims a Deficiency.
In the event a Consumer claims any of the following situations (“Deficiency”), DriveWayz may approve a full refund to the Consumer:
the Host of the Parking Space (i) cancels a Reservation before the scheduled start of the Reservation, or (ii) fails to provide the Consumer with the reasonable ability to access the Parking Space (e.g. does not provide a security code).
the Listing’s description or depiction is materially inaccurate with respect to (i) the physical location of the Parking Space or (ii) any restrictions of the Parking Space (such as vehicle size limitations and handicap accessibility/exclusivity).
at the start of the Reservation time, the Parking Space is occupied by another vehicle.
the Parking Space does not exist.
To submit a valid claim for a Deficiency and receive a refund for your Reservation, you are required to meet each of the following conditions:
you must be the Consumer that booked the Parking Space;
you must bring the Deficiency to our attention in writing or via telephone and provide us with required information including (i) photographs of the Parking Space (or alleged location of the Parking Space if it is nonexistent) and (ii) an explanation of the issue within 24 hours after the later of (i) the start of your Reservation or (ii) you discover the existence of the Deficiency;
you must respond to any requests by us for additional information or cooperation on the Deficiency;
you must not have directly or indirectly caused the Deficiency (through your action, omission or negligence).
For any Deficiency that results in a Consumer’s inability to complete a Reservation, DriveWayz will direct the Consumer to the next closest spot and provide a discount on the Consumer’s next Reservation completed within twelve (12) hours of start time of the original Reservation.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of Denver, Colorado, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by DriveWayz.
By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service must be filed within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, all involved parties waive any right to a jury trial.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Assignment - These Terms of Use will be binding upon each party hereto and its successors and permitted assigns. These Terms of Use are not assignable or transferable by you without the prior written consent of DriveWayz. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise.
Integration - These Terms of Use (including all of the policies described in these Terms of Use, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver - No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability - If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of DriveWayz.
Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Relationship - No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.
Force Majeure - DriveWayz will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to DriveWayz, fire, terrorism, natural disaster, or war.
Modification of Terms - DriveWayz reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the DriveWayz website and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of material changes to these Terms by sending you a message through the Application. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. Your continued use of any of our Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications. You may not amend these Terms.
Contact@drivewayz.io
3929 Hawthorne Cir. Longmont, CO 80503
