Terms & Conditions
July 31, 2018
Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Driveway Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: July 31, 2018
Thank you for using Driveway!
Pineapple Computer Inc. owns the Driveway Platform.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Driveway (as defined below) governing your access to and use of the Driveway website, including any subdomains thereof, and any other websites through which Driveway makes the Driveway Services available (collectively, "Site"), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application"), and all associated services (collectively, "Driveway Services"). The Site, Application, and Driveway Services together are hereinafter collectively referred to as the “Driveway Platform”.
When these Terms mention “Driveway,” “we,” “us,” or “our,” it refers to Pineapple Computer Inc., the company you are contracting with, whose address is 2708 Wilshire Blvd #195, Santa Monica, CA 90403.
Any and all payment processing services through or in connection with your use of the Driveway Platform ("Payment Services") are provided to you by one or more Driveway Payments entities (individually and collectively, as appropriate, "Driveway Payments") as set out in the Payments Terms of Service ("Payments Terms”).
Hosts (as hereafter defined) alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Listings (as hereafter defined) and Host Services (as hereafter defined). For example, some cities have laws that restrict their ability to host paying guests for short periods or at all or provide certain Hosts Services. Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Guests are also responsible for determining that using any Host property or Host Services does not violate any law or cause any improper or adverse effect to them or anyone else. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Driveway, you should always seek legal guidance.
Table of Contents
1. Scope of Driveway Services
2. Eligibility, Using the Platform, Member Verification
3. Modification of these Terms
4. Account Registration
6. Service Fees
7. Terms specific for Hosts
8. Terms specific for Guests
9. Booking Modifications, Cancellations and Refunds
10. Damage to Accommodations, Disputes between Members
12. Prohibited Activities
13. Term and Termination, Suspension and other Measures
17. Applicable Law and Jurisdiction
18. General Provisions
1. Scope of Driveway Services
1.1 The Driveway Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Driveway Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). That is, Host Services allow a car owner (the “Guest”) to rent a parking space or for a property owner (the “Host”) to rent out his or her driveway or other parking space (the “Listing” or “Host Service”) at a specified rate.
1.2 As the provider of the Driveway Platform, Driveway does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking through the Driveway booking service, they are entering into a contract directly with each other. Driveway is not and does not become a party to or other participant in any contractual relationship between Members, nor is Driveway a real estate broker or insurer. Driveway is not acting as an agent in any capacity for any Member nor is any Member acting as Driveway’s agent.
1.3 Driveway has no control over and does not guarantee or warrant (i) the existence, quality, safety, fitness, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Driveway does not endorse any Member, Listing or Host Services. Any such description is not an endorsement, certification or guarantee by Driveway about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to park in an Accommodation, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Driveway Platform as a Host, your relationship with Driveway is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Driveway 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 Driveway.
1.5 To promote the Driveway Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Driveway cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Driveway Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Driveway Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Driveway is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Driveway of such Third-Party Services.
1.7 Due to the nature of the Internet, Driveway cannot guarantee the continuous and uninterrupted availability and accessibility of the Driveway Platform. Driveway may restrict or shut down the availability of the Driveway Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Driveway Platform. Driveway may improve, enhance, and modify the Driveway Platform, and introduce new Driveway Services from time to time. You acknowledge that the internet is subject to hacking, breach of security or other interference that may result in the public disclosure of any or all of your information that has been furnished to Driveway, and Driveway shall not be liable for any such disclosure.
1.8 Hosts shall buy or print a Driveway sticker and place it at the Accommodation as described on the Driveway website. Driveway shall not be liable for damages caused by the removal of a Driveway sticker. No person shall defame a Driveway sticker. Driveway shall not be liable if a Guest parks in a space without a Driveway sticker.
2. Eligibility, Using the Driveway Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Driveway Platform and register a Driveway Account (as hereinafter defined). By accessing or using the Driveway Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. A Guest must have a valid, unsuspended drivers license which legally permits him or her to operate the vehicle that he or she is parking at the Accommodation.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Guests who wish to rent a driveway or other parking space for their car will be required to provide their name, email, phone number, license plate number, and a password. Guests must separately sign up for Apple Pay. Guest’s name and phone number will be shared with the Host whose space he or she rents. Guests will specify the time period they want to rent the space during the period for which it is available. Guests can add additional time to their initial rental as long as the space is still available. Guests are not allowed to list a space as a Host that they are currently renting as a Guest.
2.4 Hosts who wish to rent out their driveway or other parking space will be required to provide their name, email, phone number, address, and a password. Host’s name, address of the space and phone number will be shared with the Guest renting their space. Hosts must separately sign up for Apple Pay, and PayPal. In listing a driveway or other parking space, the Host represents and warrants that such Host is the owner or rightful lessee or other occupant of such space (and has the legal authorization to list the space), and that the listing, contracting for and occupancy of such space by Guest is lawful.
2.5 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity or other information concerning a Member. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.6 The access to or use of certain areas and features of the Driveway Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Driveway Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.7 If you access or download the Application, you agree to the terms and conditions of any third party provider including Apple Inc. and Alphabet Inc. (and all affiliates of the forgoing entities) in use or contemplated for use by the Driveway Platform.
3. Modification of these Terms
Driveway reserves the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Driveway Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least three (3) days before the date they become effective. If you disagree with the revised Terms, you may give notice to terminate this Agreement at such time as all your obligations under this Agreement have been satisfied. We will inform you about your right to terminate the Agreement in the notification email. If you do not give notice to terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Driveway Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Driveway Account") to access and use certain features of the Driveway Platform, such as publishing or booking a Listing. If you are registering an Driveway Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all rights, permissions and licenses provided in these Terms.
4.2 You must provide accurate, current, and complete information during the registration process and keep your Driveway Account and public Driveway Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) Driveway Account unless Driveway authorizes you to do so. You may not assign or otherwise transfer your Driveway Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your Driveway Account credentials and may not disclose your credentials to any third party. You must immediately notify Driveway 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 Driveway Account. You are liable for any and all activities conducted through your Driveway Account.
5.1 Driveway may, at its sole discretion, enable Members to (i) create, upload, post, send, receive, and store their own content, to the extent they are legally entitled, such as text, photos, audio, video, or other materials and information on or through the Driveway Platform (“Member Content”); and (ii) access and view Member Content and any content that Driveway itself makes available on or through the Driveway Platform, including proprietary Driveway content and any content licensed or authorized for use by or through Driveway from a third party (“Driveway Content” and together with Member Content, “Collective Content”).
5.2 The Driveway Platform, Driveway Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Driveway Platform and Driveway Content, including all associated intellectual property rights, are the exclusive property of Driveway and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Driveway Platform, Driveway Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Driveway used on or in connection with the Driveway Platform and Driveway Content are trademarks or registered trademarks of Driveway in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Driveway Platform, Driveway Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Driveway Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 Driveway or its licensors, except for any licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Driveway grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any collective content made available on or through the Driveway Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Driveway Platform, you grant to Driveway a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Driveway Platform, in any media or platform. Unless you provide specific consent, Driveway does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Driveway Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Driveway Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Driveway the rights in and to 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 Driveway's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other ownership, proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is unlawful, fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Driveway policy. Driveway may, without prior notice, remove or disable access to any Member Content that Driveway finds to be in violation of these Terms or Driveway’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Driveway, its Members, third parties, or property.
6. Service Fees
6.1 Driveway may charge fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Driveway Platform.
6.2 Any applicable Service Fees (including any applicable taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Driveway reserves the right to change the Service Fees at any time, and we will provide Members notice of any fee changes before they become effective. Any future taxes not then displayed will be the responsibility of the Host or Guest if later imposed.
6.3 You are responsible for paying any Service Fees that you owe to Driveway. The applicable Service Fees are due and payable and collected by Driveway Payments pursuant to the Payments Terms. Except as otherwise provided on the Driveway Platform, Service Fees ARE NON-REFUNDABLE.
6.4 All payments shall be made and fees (including Service Fees) shall be charged, as reflected in Driveway’s rules as modified from time to time and as specified by Apple Inc. or its affiliates for its payment services used by Driveway.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Driveway Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, calendar, and time availability), and (ii) disclose any deficiencies, restrictions (such as parking rules) and requirements that apply. You are responsible for keeping your Listing information (including calendar and time availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 The placement and ranking of Listings in search results on the Driveway Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price, and calendar/time availability.
7.1.4 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.5 Driveway 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 Guests (and the individuals the Guest has booked for, if applicable) while parked at your Accommodation.
7.2 Listing Accommodations
7.2.1 You may only list one Accommodation per Listing. An “Accommodation” is a space on land that is properly available for parking (and designated as such by a Host) at a residence or otherwise.
7.2.2 Hosts are not allowed to ask for a Security Deposit at any time or outside of the Driveway Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's parking at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowner’s association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). 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 reside at or are otherwise present at the Accommodation at your request or invitation, or are otherwise legally responsible for; excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 A Guest can book a Listing available on the Driveway Platform by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Driveway Account.
8.1.2 Upon receipt of a booking confirmation from Driveway, a legally binding agreement is formed between you and your Host. Driveway or its designee will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payment Terms.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, and park at the Accommodation for the duration of your parking stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to use the Accommodation, in accordance with your agreement with the Host. The Accommodation shall be limited to the area specified by the Host, and you shall not enter any other area of the Host property, except to the limited extent necessary to park at such Accommodation and to enter and exit from your vehicle. No vehicle, other than (i) an automobile (such automobile including an SUV, minivan, or subcompact), (ii) motorcycle, or (iii) bicycle, each of normal size and shape, shall be parked at an Accommodation unless expressly consented to by the Host. Without limiting the foregoing, no commercial or non-commercial: truck, van, motor home, boat, or bus, shall be parked at an Accommodation without the Host’s express consent. No commercial vehicle shall be parked at an Accommodation without the Host’s express consent
8.2.2 You agree to leave the Accommodation no later than the checkout 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 checkout time without the Host's consent (“Overstay”), you no longer have a license to park in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law, including towing your vehicle at your expense. Additional time can be purchased pushing back the checkout time. However, if you stay past the adjusted checkout time you will have committed an overstay and you will be subject to the rules described above.
9. Booking Modifications, Cancellations, or Refunds
9.1 THERE ARE NO MODIFICATIONS, CANCELATIONS, OR REFUNDS AS ALL SALES ARE FINAL.
9.2 However, in certain circumstances, Driveway may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons (i) where Driveway believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Driveway, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
10. Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) and the Host’s other property in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees, any applicable VAT or other direct or indirect sales taxes, occupancy tax, tourist or other visitor taxes, or income or other taxes (“Taxes”).
11.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
11.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted by you.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Driveway Platform. In connection with your use of the Driveway Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the Driveway Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Driveway endorsement, partnership or otherwise misleads others as to your affiliation with Driveway;
- use the Driveway Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a parking, residential or other property through the Driveway Platform;
- unless Driveway explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Driveway Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Driveway Platform to request, make or accept a booking independent of the Driveway Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Driveway Platform or Driveway Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Driveway harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive, disruptive, or unlawful behavior;
- use, display, mirror or frame the Driveway Platform or Collective Content, or any individual element within the Driveway Platform, Driveway's name, any Driveway trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Driveway Platform, without Driveway's express written consent;
- dilute, tarnish or otherwise harm the Driveway brand in any way, including through unauthorized use of Collective Content, registering and/or using Driveway or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Driveway domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Driveway Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Driveway or any of Driveway's providers or any other third party to protect the Driveway Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Driveway Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Driveway Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 You acknowledge that Driveway has no obligation to monitor the access to or use of the Driveway Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure, and improve the Driveway Platform (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Driveway in good faith, and to provide Driveway with such information and take such actions as may be reasonably requested by Driveway with respect to any investigation undertaken by Driveway or a representative of Driveway regarding the use or abuse of the Driveway Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Driveway by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action or cause us to incur any liability to you.
13. Term and Termination, Suspension, and other Measures
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Driveway terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time via the “Deactivate Account” feature on the Driveway Platform. If you deactivate your Driveway Account as a Guest or Host, all of your obligations shall survive until they have been satisfied by you, and NO REFUND WILL BE PROVIDED.
13.3 Without limiting our rights specified below, Driveway may terminate this Agreement for convenience at any time by giving you ten (10) days' notice via email to your registered email address.
13.4 Driveway may immediately, without notice, terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Driveway believes in good faith that such action is reasonably necessary to protect the personal safety or property of Driveway, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 If we take any of the measures described above, among other things, (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.6 When this Agreement has been terminated, you are not entitled to a restoration of your Driveway Account or any of your Member Content. If your access to or use of the Driveway Platform has been limited or your Driveway Account has been suspended or this Agreement has been terminated by us, you may not register a new Driveway Account or access and use the Driveway Platform through an Driveway Account of another Member.
13.7 Notwithstanding anything to the contrary, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Driveway Platform or Collective Content, you do so voluntarily and at your sole risk. The Driveway Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Driveway Platform and related services, laws, rules, or regulations that may be applicable to Listings and/or Host Services you are receiving or providing and that you are not relying upon any statement of law or fact made by Driveway relating to a Listing.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
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 Driveway Platform and Collective Content, your publishing or booking of any Listing via the Driveway Platform, a parking stay at any Accommodation or any other interaction you have with other Members whether in person or online remains with you. Neither Driveway (or its affiliates) nor any other person involved in creating, producing, or delivering the Driveway Platform or Collective Content (each of which is a “Protected Party”) will be liable for any direct or indirect, 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 to property (including relating to any automobile, business property, or residential property), monetary damages, or for personal or bodily injury (including death) or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Driveway Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of or in connection with your use of the Driveway Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services (including the use of a parking space), whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Driveway has been informed of the possibility of such damage, even if a limited remedy is found to have failed of its essential purpose. In no event will Driveway’s and other Protected Parties aggregate liability arising out of or in connection with these Terms and your use of the Driveway Platform including, but not limited to, from your publishing or booking of any Listings via the Driveway Platform, or from the use of or inability to use the Driveway Platform or Collective Content and in connection with any Accommodation or interactions with any other Members or other persons, exceed the amounts you have paid or owe (in the case of a Guest) or have received or are due (in the case of a Host) for bookings via the Driveway Platform. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Driveway and you.
For the avoidance of doubt and without limiting any portion of this Agreement, (i) if any property is damaged in connection with a parking space rental, (ii) any person is injured (including resulting in death) in connection with a parking space rental, or (iii) any automobile is damaged in connection with a parking space rental, no Protected Party shall be liable for any damages as a result thereof or in connection therewith, it being the intention that the Driveway Platform merely function as a booking service to facilitate the rental of parking spaces.
You agree to release, defend (at Driveway’s option), indemnify, and hold Driveway and its affiliates and subsidiaries, and their officers, directors, owners, LLC members, 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Driveway Platform or any Driveway Services, (iii) your interaction with any Member, parking or other stay at an Accommodation, or participation in other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, indirect, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, parking stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
17. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in Los Angeles County, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Los Angeles County, California.
18. General Provisions
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards prescribed by Driveway, these Terms constitute the entire Agreement between Driveway and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Driveway and you in relation to the access to and use of the Driveway Platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and Driveway as a result of this Agreement or your use of the Driveway Platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision (to the extent necessary) will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 Driveway’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Driveway's prior written consent. Driveway may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement as set forth herein remains unaffected.
18.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Driveway via email, Driveway Platform notification, or messaging, as it determines in its sole discretion.
18.8 Headings and captions in this Agreement are for convenience only and do not define, limit or expand this Agreement.
Last Updated: July 31, 2018
Thank you for using Driveway!
Pineapple Computer Inc. owns the Driveway Platform.
1. INFORMATION WE COLLECT
There are three general categories of information we collect.
1.1 Information You Give Us.
We collect information you share with us when you use the Driveway Platform.
- Account Information. When you sign up for an Driveway Account, we require certain information such as your name, and email address.
- Profile Information. To use certain features within the Driveway Platform, we may also ask you to complete a profile, which may include your name, address, and phone number. Your profile is a part of your public profile page, and will be publicly visible to others.
- Other Authentication-Related Information. To help create and maintain a trusted environment, we may collect identification (like a photo of your government-issued ID) or other authentication information
- Payment Information. We (and other third parties with whom we contract for services) may collect your financial information (like your bank account or credit card information) when you use the Payment Services to process payments.
- Communications with Driveway and other Members. When you communicate with Driveway or use the Driveway Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.
- Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Driveway Account, respond to surveys, post notes to Members, participate in promotions, or use other features of the Driveway Platform.
1.2 Information We Automatically Collect from Your Use of the Driveway Platform.
When you use the Driveway Platform, we collect information about the services you use and how you use them.
- Usage Information. We collect information about your interactions with the Driveway Platform, such as the pages or other content you view, your searches for Listings, bookings you have made, and other actions on the Driveway Platform.
- Location Information. When you use certain features of the Driveway Platform, we may collect different types of information about your general location (e.g. IP address, zip code) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
- Log Data. We automatically collect log information when you use the Driveway Platform, even if you have not created an Driveway Account or logged in. That information includes, among other things: details about how you’ve used the Driveway Platform (including links to third party applications), IP address, access times, hardware and software information, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the Driveway Platform.
- Transaction Information. We collect information related to your transactions on the Driveway Platform, including the date and time, amounts charged, and other related transaction details.
1.3 Information We Collect from Third Parties.
We may collect information that others provide about you when they use the Driveway Platform, or obtain information from other sources and combine that with information we collect through the Driveway Platform.
- Third Party Services. If you link, connect, or login to your Driveway Account with a third party service (e.g., Facebook, WeChat), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Background Information. For Members in the United States, to the extent permitted by applicable laws, Driveway may obtain (but is not obligated to obtain) reports from public records of criminal convictions or sex offender registrations. For Members outside of the United States, to the extent permitted by applicable laws, Driveway may obtain (but is not obligated to obtain) the local version of background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Driveway Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2. HOW WE USE INFORMATION WE COLLECT
We use, store, and process information about you to provide, understand, improve, and develop the Driveway Platform.
2.1 Provide, Improve, and Develop the Driveway Platform.
- Enable you to access and use the Driveway Platform.
- Enable you to communicate with other Members.
- Operate, protect, improve and optimize the Driveway Platform and experience, such as by performing analytics and conducting research.
- Personalize or otherwise customize your experience by, among other things, ranking search results or showing ads based on your search, booking history, and preferences.
- Enable you to access and use the Payment Services.
- Provide customer service.
- Send you service or support messages, such as updates and account notifications.
2.2 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about Driveway or partner campaigns and services).
- Personalize, measure, and improve advertising.
- Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Driveway or its third party business partners.
3. SHARING & DISCLOSURE
3.1 With Your Consent.
We may share your information at your direction or as described at the time of sharing, such as when you authorize a third party application or website to access your Driveway Account.
3.2 Sharing between Hosts and Guests.
To help facilitate bookings, we may share your information with other Members as follows:
- When you as a Guest submit a booking request, certain information about you is shared with the Host. When your booking is confirmed, we will disclose additional information to assist with coordinating the booking, like your name and phone number.
- When you as a Host have a confirmed booking, certain information is shared with the Guest to coordinate the booking, such as your full name, phone number, and Accommodation address.
3.3 Profiles, Listings, and other Public Information.
The Driveway Platform lets you publish information that is visible to the general public. For example:
- Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
- Public Listing pages are publicly visible and include information such as the Accommodation location (address), Notes, calendar availability, phone number upon booking, and any additional information the Host chooses to share.
- If you submit content in a public forum or social media post, or use a similar feature on the Driveway Platform, that content is publicly visible.
Information you share publicly on the Driveway Platform may be indexed through third party search engines. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
3.4 Service Providers.
We use a variety of third party service providers to help us provide services related to the Driveway Platform. Service providers may be located anywhere in the world. For example, service providers may help us: (i) verify or authenticate your identification, (ii) check information against public databases, (iii) assist us with background checks, fraud prevention, and risk assessment, or (iv) provide customer service, advertising, or payments services. These providers have access to your information to perform these tasks on our behalf, and may use your information for a variety of purposes subject to their own policies.
3.5 Driveway Payments.
Driveway Payments may share your personal information to: (i) provide the Payment Services, (ii) facilitate your use of the Driveway Platform, and (iii) jointly market products or services to you with other financial third parties with whom Driveway Payments has an agreement.
3.6 Safety and Compliance with Law.
Driveway may disclose your information to courts, law enforcement agencies or governmental authorities, or authorized third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to comply with legal process and to respond to claims asserted against Driveway, (ii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iii) to enforce and administer our Terms of Service or other agreements with Members, (iv) for fraud investigation and prevention, risk assessment, customer support, product development, and debugging purposes, or (v) to protect the rights, property or personal safety of Driveway, its employees, its affiliates, or members of the public.
All Members shall be required to notify us of any illegal or improper acts (or inaction) by any Members, and any government action regarding any act or inaction; provided, however, that we shall not be required to respond or take action with respect to any such notice.
3.7 Corporate Affiliates.
We may display parts of the Driveway Platform (e.g., Notifications) on sites or platforms operated by Driveway’s business partners, using technologies such as notifications or APIs.
3.9 Tax Authorities.
Hosts and Guests expressly grant us permission, without further notice, to disclose Hosts’ and Guests’ data and other information relating to them or to their transactions, bookings, Accommodations and occupancy taxes to the relevant tax authority, including, but not limited to, the Host or Guest’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Hosts from Guests, and contact information.
3.10 Business Transfers.
3.11 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4. OTHER IMPORTANT INFORMATION
4.1 Analyzing your Communications.
In some cases, we may scan, review, or analyze activity to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
4.2 Google; Apple; Stripe
Alphabet Inc., Google, Stripe Inc. and Apple Inc. and any or all of the foregoing entities’ affiliates are used by the Driveway Platform, and accordingly the use of the Driveway Platform is subject to their privacy and other policies, and their rules and regulations. Driveway may also use other entities in connection with the Driveway Platform and the immediately preceding statement shall apply to all such entities.
5. THIRD PARTY PARTNERS & INTEGRATIONS
The Driveway Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Driveway doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Driveway, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
6.1 Deactivation and Account Information.
You may deactivate your account in the application and it will no longer be possible to login. We may continue to store your information indefinitely for legal and other reasons. Driveway is not required to reactivate a deactivated account and it may be necessary for a Guest to signup again. A Host may not create an account for a space or address already active on the Driveway Platform. Hosts and Guests must also use legally accurate information in their accounts.
We engage in implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a secure environment so we cannot guarantee the security of the transmission or storage of your information. We are therefore not liable for hacking or any other access, loss, destruction or alteration of your information.
Driveway Payment Terms:
In order to rent a parking space, the person renting the space (the “Guest”) must pay via Apple Pay, and will be charged in advance the per hour rate for the number of hours that the Guest selects. All payments are non refundable. Driveway is not liable if the space is occupied, and thus users are encouraged to only purchase spaces upon arriving at the parking spot location.
Driveway charges a Host a fee equal to the sum of twenty percent (20%) of gross revenue and of third party fees and charges (plus one dollar and ninety-nine cents per space as described above). This twenty percent fee will be deducted automatically from the amount of the Host's revenue, and this net amount will be listed in the Host's account within the application. To the extent that a subsequent tax is imposed, we have the right to recoup those amounts from a given user. The equation for payment received by the Host is: (0.771(x) - $0.30y)0.971-$0.30 where x is the amount of money received by the Host from the Guest(s) for the space rental, y is the number of transactions, and the remaining numbers are the fees for Stripe, PayPal, and transfer fees. As an example and without limitation on the foregoing, if the Host charges $5.00 per hour for his or her space and rents out the space for 3 hours in a given month in 3 separate transactions, the Host would receive $10.06 or (0.771(($5)(3)) - $0.30(3))0.971-$0.30.