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These Terms of Use (the “Terms”) govern the access or use by you, an individual from within the United States and its territories and possessions (“you”) of Parking Services, websites, content, product and mobile device applications (the “App”) offered to you by DC Partners Acquisition, LLC d/b/a DropCar, (“DropCar”, “we”, “our” or “us”) through our website located at www.dropcar.com (the “Site”). We make our parking Parking Services available to individual Members and/or DropCar customers registered with DropCar (“Members and/or DropCar customers”) who are interested in obtaining monthly parking (“Parking Services”).

The Parking Services are accessed through a technology platform that enables users of DropCar’s App or website to arrange and schedule certain Parking Services at a designated parking facility.

 

Agreement to Terms

Your access and use of the Parking Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and DropCar. If you do not agree to these Terms, you may not access or use our Parking Services. These Terms expressly supersede any and all prior agreements or arrangements with you. DropCar may immediately terminate these Terms or any Parking Services with respect to you, or generally cease offering or deny access to the Parking Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Parking Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Parking Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Parking Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Parking Services.

 

Changes to Terms & Conditions

We may amend the Terms related to the Parking Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the Parking Services after such posting constitutes your consent to be bound by the Terms, as amended. Because our Parking Services are evolving over time we may change or discontinue all or any part of the Parking Services, at any time and without notice, at our sole discretion. Our collection and use of personal information in connection with the Parking Services is as provided in DropCar’s Privacy Policy located below. 

Who May Use the Parking Services

Eligibility

Members and/or DropCar customers may use the Parking Services only if they are 18 years or older and capable of forming a binding contract with DropCar and are not barred from using the Parking Services under applicable law.

Registration and Your Information

If you want to access and use the Parking Services as a Member or DropCar customer, you'll have to create an account (“Account”). You can do this via the App or through your account with certain third-party social networking Parking Services such as Google (each, an “SNS Account”). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. During the sign-up process, we'll also request identifying information about your vehicle(s), such as the make, model, model year and license plate. It's important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not maintain current information with us, we may have to suspend or terminate your Account. You agree that you won't disclose your account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

 

Parking Services

Monthly Parking Program

Members and/or DropCar customers of DropCar’s Monthly Parking program have access through the DropCar app to many available discounted monthly parking spaces with well known established parking garages. Based on a garage's hours of service a Member and/or DropCar customer can drop-off or pick-up their vehicle from a DropCar partner garage..

All Monthly Parking garage spaces and Parking Services are available through DropCar’s consumer mobile app on the Apple App Store and Google Play Store.

Note:

(1) A Member and/or DropCar customer who was a previous monthly garage customer at a specific DropCar partner parking garage may be restricted from making a new reservation at that particular garage.

(2) Certain DropCar garages may have introductory or special rates for new customers only.

Payment Terms

Members and/or DropCar customers agree to pay and authorize DropCar's third party payment processor to charge via the credit card or third-party payment processing account on file in your Account (your “Payment Method”) for all applicable fees and taxes that may accrue in relation to your use of the Parking Services. Members and/or DropCar customers will be charged a single fee for a Monthly Parking Garage transaction plus applicable tax (“Garage Fee”). Garage Fees may vary. You are responsible for providing complete and accurate Payment Method and contact information to us. We may suspend or terminate your access to the Parking Services if Garage Fees are past due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Parking Services, are stated in U.S. dollars and do not include any taxes. DropCar has no obligation to provide refunds or credits relating to any Parking Services but may do so in DropCar's sole and absolute discretion.

The Parking Services provided by DropCar are limited to assisting customers find discounted monthly parking. Despite the convenience of the parking services, the decision to utilize the parking services is solely yours and you assume the responsibility and any assumption of risk associated with the parking services. The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. The operator of the parking facility through an arrangement with DropCar has allowed DropCar customers to park at the facility. The parking facility is solely under the management control of the parking facility operator, therefore, should any vehicle damage or other loss occur at the parking facility you agree that DropCar shall not be held liable or responsible for any such damage or loss. In the event of a loss you may be required to promptly file a claim with the facility operator. Finally, you also agree that DropCar has no liability for any loss of any personal items left behind in your vehicle.

Feedback

We welcome feedback, comments and suggestions for improvements to the Parking Services (“Feedback”). You can submit Feedback by using the feedback functionality in the App located under the “Help” tab in the navigation menu. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Privacy Policy

The following Terms cover matters relating to our intellectual property and information that you provide to DropCar.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Parking Services; and (ii) “User Content” means any Content that Members and/or DropCar customers provide to be made available through the Parking Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Subject to the foregoing, DropCar and its licensors exclusively own all right, title and interest in and to the Parking Services and Content, including all associated intellectual property rights. You acknowledge that the Parking Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Parking Services.

Rights in User Content Granted by You

By making any User Content available through the Parking Services, you hereby grant to DropCar a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Parking Services and Content to you and to other Members and/or DropCar customers and Agents.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Parking Services, nor any use of your User Content by DropCar, Third Party Valet Company, Agents or Members and/or DropCar customers on or through the Parking Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Parking Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by DropCar

Subject to your compliance with these Terms, DropCar grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Parking Services.

 

Rights and Terms for Apps

Rights in App Granted by DropCar

Subject to your compliance with these Terms, DropCar grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install copies of the App on mobile devices that you own or control and to run such copy of the App solely in connection with your permitted use of the Parking Services. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. DropCar reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

  1. These Terms are concluded between you and DropCar, and not with App Provider, and that, as between DropCar and the App Provider, DropCar is solely responsible for the App.
  2. App Provider has no obligation to furnish any maintenance and support Parking Services with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider may refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of DropCar.
  4. App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, DropCar will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim solely to the extent required by these Terms.
  6. App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  7. You must also comply with all applicable third-party terms of service when using the App.
  8. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located 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.

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content, or otherwise conduct yourself in connection with obtaining or performing Parking Services in a way, that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give DropCar to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Parking Services, or any individual element within the Parking Services, DropCar's name, any DropCar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Site or in the App, without DropCar 's express written consent;
  • Access, tamper with, or use non-public areas of the Parking Services, DropCar 's computer systems, or the technical delivery systems of DropCar 's providers;
  • Attempt to probe, scan, or test the vulnerability of any DropCar system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DropCar or any of DropCar 's providers or any other third party (including another user) to protect Parking Services or Content;
  • Attempt to access or search the Parking Services or Content or download Content from the Parking Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DropCar or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a DropCar trademark, logo URL or product name without DropCar 's express written consent; Use the Parking Parking Services or Content for any commercial purpose or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Parking Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Parking Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Parking Services;
  • Collect or store any personally identifiable information from the Parking Services from other users of the Parking Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we're not obligated to monitor access to or use of the Parking Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Parking Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Parking Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

Links to Third Party Websites or Resources

The Parking Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or Parking Services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

 

Termination

We may terminate or suspend your access to and use of the Parking Services, at our sole discretion, at any time and without notice to you. You may cancel your Account or Agent Account at any time via the settings in the App. Upon any termination, discontinuation or cancellation of Parking Services or your Account or Agent Account, the following sections will survive: ”Payment Terms,” “Content Ownership, Responsibility and Removal,” “Termination,” “Warranty Disclaimers,” “Assumption of Risk and Indemnity,” “Limitation of Liability,” “Dispute Resolution”, "Insurance", "Damages", and “General Terms.”

 

Warranty Disclaimers

THE PARKING SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM 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. We make no warranty that the Parking Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

DROPCAR endeavors to ensure positive interactions between Members and/or DropCar customers and any Third Party Valet Company and/or Agents, and works hard to ensure an optimal, comfortable and safe experience; however, Agents are human beings, and no one is perfect. DropCar makes no warranty in connection with and/or arising from the garage’s Parking Services. 

Assumption of Risk and Indemnity

THE MONTHLY PARKING FACILITIES UTILIZED BY DROPCAR ARE PROVIDED TO YOU BY THIRD PARTY PROVIDERS, AND BY UTILIZING THESE PARKING SERVICES, YOU AUTHORIZE DROPCAR TO STORE YOUR VEHICLE IN ANY ONE OF SUCH MONTHLY PARKING FACILITIES, SUBJECT TO THE POLICIES OF SUCH FACILITY THEN IN EFFECT. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THESE PARKING SERVICES ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY DROPCAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR (I) ACCESS TO OR USE OF THE PARKING SERVICES OR CONTENT, AND (II) RECEIPT OF MONTHLY PARKING INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU, YOUR VEHICLE, PROPERTY, OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE PROVISION OF MONTHLY PARKING OR (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PARKING SERVICE, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE PARKING SERVICES. DROPCAR IS NOT LIABLE FOR ANY LOST OR STOLEN ITEMS.

 

Limitation of Liability

NEITHER DROPCAR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PARKING SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PARKING SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PARKING SERVCIES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DROPCAR 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. 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.

EXCEPT AS OTHERWISE SET FORTH HEREIN, DROPCAR WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO ANY PROVISION OF PARKING SERVICES OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO AGENT'S ACTIONS OR INACTIONS, MEMBER’S AND/OR DROPCAR CUSTOMER’S ACTIONS OR INACTIONS, OR PROVISION OF PARKING SERVICES. IN NO EVENT SHALL DROPCAR 'S DIRECT LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PARKING SERVICES OR CONTENT EVER EXCEED $1,000. THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DROPCAR AND YOU.

 

Dispute Resolution Between You and a Parking Facility 

Because the Parking Services involve the utilization of third party Parking Facilities, in the event that you have a dispute with a Parking Facility DropCar, may, in its sole discretion, facilitate communication between you and the Parking Facility in connection with such dispute. If such a dispute is unable to be resolved between you and the Parking Facility, DropCar may, in its sole discretion, and where feasible, intervene in such dispute and take any actions DropCar deems appropriate.

 

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

 

Changes

Notwithstanding the provisions of the “Changes to Terms or Parking Services” section above, if DropCar changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of DropCar's letter to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DropCar in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

General Terms

These Terms constitute the entire and exclusive understanding and agreement between DropCar and you regarding the Parking Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DropCar and you regarding the Parking Services and Content. If for any reason 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.

You may not assign or transfer these Terms, by operation of law or otherwise, without DropCar's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void and of no effect. DropCar may freely assign or transfer these Terms 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 provided by DropCar under these Terms, including those regarding modifications to these Terms, will be given by DropCar: (i) via email; or (ii) by posting here under Terms and Conditions. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

DropCar's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DropCar. 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.

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