If you’re using the Dryveways Site, Application or Services, you’re contracting with Dryveways with respect to use of the Dryveways Site, Application or Services. The Dryveways Site and/or Application or Services are each hereinafter referred to as “Dryveways“, “we“, “us“, or “our“)
Dryveways is excited to provide an online platform that connects owners of parking spaces, parking lots and/or driveways with renters seeking to rent such parking spaces (collectively, the “Services”), which Services are accessible at www.Dryveways.com and any other websites through which Dryveways makes the Services available (collectively, the “Site”) and on the Dryveways application for mobile devices (the “Application”).
By using the Site or Application, you’re agreeing to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user. These terms oversee your access to, and use of, the App and its Collective Content. It’s a binding legal agreement between you and Dryveways. If you don’t agree to these Terms, you have no right to obtain information from or otherwise continue using the App. Failure to use the App in accordance with these Terms may subject you to civil and criminal penalties.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
Dryveways reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.
The Site, Application and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. You must have a verified phone number and valid state issued driver’s license to use the App. We reserve the right to remove a Listing for any reason.
Dryveways makes available an online platform or marketplace with related technology for Owners and Renters to arrange Parking Space bookings directly with each other through the use of the Dryveways website or Application. Please be respectful; Users of Dryveways are responsible for their actions, and for any actions of any individuals who’re present at the rental Space (including Owners).
The Site, Application and Services can be used to facilitate the listing and booking of legal parking spaces (“Dryveways” or “Spaces”).
Owners list these Spaces on the Site, Application and Services.
You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Parking Space or create a Listing, you must first register to create a Dryveways Account (defined below).
Dryveways is not an owner, operator or provider of said Spaces, including, but not limited to, parking lots, parking garages, driveways, private street parking or other legal spaces. Dryveways does not own, sell, resell, provide, rent, re-rent, manage and/or control any location designated for parking, including, but not limited to, parking lots, parking garages, driveways, private street parking or other legal spaces.
Unless explicitly specified otherwise in the Dryveways platform, our responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
YOU UNDERSTAND AND AGREE THAT DRYVEWAYS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS DRYVEWAYS A REAL ESTATE BROKER, AGENT OR INSURER. DRYVEWAYS HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PARKING SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In order to access certain features of the Site and Application, and to book a Dryveway or create a Listing, you must register to create an account (“Dryveways Account”) and become a Member.
You may register to join the Services directly via the Site or Application or via a social networking site (i.e. Facebook, Google +).
We’ll create your Dryveways Account and profile page for you based upon the personal information you provide to us or that we obtain via a social networking site. Please note: You may not have more than one (1) active Dryveways Account.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Dryveways reserves the right to suspend or terminate your Dryveways Account and your access to the Site, Application and Services if you create more than one (1) Dryveways Account, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, if you violate any of the Terms of Service, or for any other valid reason to be determined at the sole discretion of Dryveways.
You will take sole responsibility for any activities or actions under your Dryveways Account, whether or not you have authorized such activities or actions.
You are responsible for safeguarding your password.
You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Dryveways Account, whether or not you have authorized such activities or actions.
You will immediately notify Dryveways of any unauthorized use of your Dryveways Account.
You can also register to join by logging into your account with certain third-party social networking sites. You may link your Dryveways Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Dryveways through the Site, Services or Application; or (ii) allowing Dryveways to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you’re entitled to disclose your Third-Party Account login information to Dryveways and/or grant Dryveways access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Dryveways to pay any fees or making Dryveways subject to any usage limitations imposed by such third-party service providers.
By granting Dryveways access to any Third-Party Accounts, you understand that Dryveways will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it’s available on and through the Site, Services and Application via your Dryveways Account and Dryveways Account profile page.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Dryveways Account on the Site, Services and Application.
If a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates access to the Third-Party Account, then SNS Content will no longer be available on and through Dryveways.
You have the ability to disable the connection between your Dryveways Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Dryveways makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Dryveways is not responsible for any SNS Content.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Owners of dryveways to be listed will need to provide: location, size, notable features, photos and availability. You understand and agree that once a Renter requests your Space, you may not ask the Renter to pay a higher price. You’re responsible for all Listings you post: (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of parking spaces and other properties), Tax requirements, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Dryveways assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Dryveways, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
You understand and agree that Dryveways does not act as an insurer or as your contracting agent.
If a Renter requests a booking of your Space and parks a vehicle in your Space, any agreement you enter into with such Renter is between you and the Renter and Dryveways is not a party thereto.
Dryveways makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Space.
You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the location of your Parking Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space or drives to the Space, if applicable.)
Review any insurance policy that you may have for your Space and/or surrounding property carefully.
Make sure you understand any exclusions to, 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 Renters (and the individuals the Renter brings into the Space, if applicable) while utilizing your Parking Space.
Dryveways recommends that you obtain appropriate insurance for your Spaces and/or surrounding property.
DRYVEWAYS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. DRYVEWAYS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SPACES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S OWN RISK.
We don’t endorse any Member or any Dryveway. Please exercise due diligence and care when deciding whether to book a Space or to accept a booking request from a Renter, or to have any other interaction with any other Member. Dryveways is not responsible for any damage or harm resulting from your interactions with other Members. We encourage you to communicate directly with other Members on the Site regarding any bookings or Listings.
You understand that images provided by Owners in Listings are intended only to indicate a photographic representation of the Parking Space at the time the photograph was taken. Owner Images are not an endorsement by Dryveways of any Member or any Space.
Members are required by these Terms to provide accurate information, and although Dryveways may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we don’t make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Dryveways doesn’t guarantee as to any Member or any Member’s identity and Dryveways does not provide an endorsement, certification or guarantee as to whether the Member is trustworthy, safe or suitable.
Any Member description is to be useful information for you when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.
Any legal liability you seek for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Dryveways with respect to such actions or omissions Owners.
You’ll be required to either confirm or reject the booking request within the Booking Request Period; otherwise it’ll be automatically cancelled.
You’re responsible for honoring any confirmed bookings and making available any Space reserved through the Site, Application and Services.
You agree that you’ll be responsible for performing the obligations of any such agreements, that Dryveways is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Dryveways disclaims all liability arising from or related to any such agreements.
If you choose to enter into a transaction with an Owner for the rental of a Dryveway, you’re acknowledging that you’ll be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such rental imposed by the Owner.
The Total Fees payable will be shown before booking your Dryveway. If you’re requested booking is cancelled (i.e. not confirmed by the Owner) any amounts collected by Dryveways will be refunded to you.
You’ll be asked to provide customary billing information (name, billing address and credit card information either to Dryveways or its third-party payment processor(s)). You agree to pay Dryveways for any confirmed bookings made in connection with your Dryveways Account in accordance with these Terms.
You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Dryveways or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
You also authorize Dryveways to charge your credit card in the event of damage caused during your use of a Parking Space as contemplated under “Damage to parking spaces and/or Owner’s Property” below.
Paypal connected Account Agreement
Payment processing services for Renters and Owners on Dryveways are provided by Paypal and are subject to the Paypal Connected Account Agreement (found at:https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full), which includes the Paypal Terms of Service (collectively, the “Paypal Services Agreement”, found at: ). By agreeing to these terms or continuing to operate as a Renter or Owner on Dryveways, you agree to be bound by the Paypal Services Agreement, as the same may be modified by Paypal from time to time. As a condition of Dryveways enabling payment processing services through Paypal, you agree to provide Dryveways accurate and complete information about you and your business, and you authorize Dryveways to share it and transaction information related to your use of the payment processing services provided by Paypal.
For the use of our online marketplace and platform, we charge Service Fees. Where applicable, Taxes may also be charged. Dryveways deducts the Owner Fees from the Rental Fees before remitting the balance to the Owner as described in these Terms. Renter Fees are, as noted above, included in the Total Fees. Dryveways will remit any balances to Owners via their payment preference.
All refunds will be made to Renter’s Account
Payment Processing Errors:
We’ll take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Whether you are a Renter or Owner, you agree that any claim or cause of action relating to collection and remittance of taxes shall not extend to Dryveways.
The Rental Agreement:
Obligations & Liabilities for Users
When using Dryveways, you must provide accurate, honest and updated information. We want everyone to enjoy the process of using Dryveways. Please remember, you may not:
Dryveways has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Copyright, trademark, and other laws of the United States and foreign countries protect Dryveways. All associated intellectual property rights, are the exclusive property of Dryveways and its licensors. You will not remove, alter or obscure copyright, trademarks, service marks or other proprietary rights notices incorporated in or accompanying Dryveways.
Subject to your compliance with these Terms, Dryveways grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Dryveways reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, Dryveways grants you a limited, non-exclusive, non-transferable license, to: (i) access and view any Dryveways Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dryveways or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Dryveways a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.
Dryveways does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Dryveways the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dryveways’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All trademarks, service marks, logos, trade names and any other proprietary designations of Dryveways used herein are trademarks or registered trademarks of Dryveways. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You acknowledge and agree that all Feedback will be the sole and exclusive property of Dryveways and you hereby irrevocably assign to Dryveways and agree to irrevocably assign to Dryveways all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Dryveways Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
Your Dryveways Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Dryveways Account or your Member Content.
Any pending or accepted future bookings as either Owner or Renter will be immediately terminated.
We may communicate to your Owner or Renter that a potential or confirmed booking has been cancelled.
We may refund your Renters in full for any and all confirmed reservations, irrespective of preexisting cancellation policies.
You will not be entitled to any compensation for Rental Agreements or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your account. You may cancel your account at any time through the “Account Settings” portion of the Site.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DRYVEWAYS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DRYVEWAYS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DRYVEWAYS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PARKING SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DRYVEWAYS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DRYVEWAYS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEMBERS. YOU UNDERSTAND THAT DRYVEWAYS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. DRYVEWAYS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY DRYVEWAYS. NOTWITHSTANDING DRYVEWAYS’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, DRYVEWAYS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACES VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF DRYVEWAYS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER DRYVEWAYS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRYVEWAYS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL DRYVEWAYS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY DRYVEWAYS TO YOU IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRYVEWAYS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold DRYVEWAYS and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Space , or (iii) creation of a Listing; and (d) the use, condition or rental of a Parking Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Parking Space.
These Terms constitute the entire and exclusive understanding and agreement between Dryveways and you regarding the Site, Application, Services, Collective Content and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dryveways and you regarding bookings or listings of Accommodations, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Dryveways’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Dryveways may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Dryveways (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions.
The failure of Dryveways to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dryveways. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.