The Services constitute a technology platform that enables users of DropCar’s App or website to arrange and schedule certain Parking and Valet Services through a separately insured Third Party Valet Company and/or parking facility.
Agreement to Terms
Your access and use of the 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 Services. These Terms expressly supersede any and all prior agreements or arrangements with you. DropCar may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain 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 Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Changes to Terms & Conditions
Who May Use the Services
Members and/or DropCar customers may use the 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 Services under applicable law.
Registration and Your Information
If you want to access and use the 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 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 and Concierge 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. Members and/or DropCar customers can also access DropCar's network of separately insured Third Party Valet Company drivers that can perform a variety of services “on-demand” which include vehicle pick-up or drop-off to and from a garage location to an owner’s front door or to a destination in our coverage area for an additional fee. Additional vehicle support services may be available to Members and/or DropCar customers through the separately insured Third Party Valet Company including the ability to request, car detailing, state inspections, washing, fueling, electric vehicle charging, and general servicing and body work.
For PICK-UPS or DROP-OFFS through DropCar’s valet-on-demand service, a separately insured Third-Party Valet Company can meet you and either stay with your vehicle and wait for you or take your vehicle from you and/or pick-up or drop-off your vehicle from a local DropCar partner garage.
For either a vehicle Pickup or Return from a monthly parking garage you may request a valet based on availability “on-demand” by providing the necessary descriptive information for the desired Monthly Parking Services through the App, including the Pickup or Return locations (as applicable) (collectively, the “Service Description”). We reserve the right to charge a service charge for late arrivals or no-shows on either a Pickup or Return. Please note that during peak times it can take extra time for a valet to reach you or your garage location.
Note: A Member and/or DropCar customer who was a previous monthly garage customer at a specific DropCar partner parking garage within the last 90 days cannot purchase a new reservation at the DropCar rate for that particular garage.
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 Services. Members and/or DropCar customers will be charged a single fee for either a Monthly Parking Garage transaction plus applicable tax (“Garage Fee”) or a valet-on-demand service fee transaction (“Service Fee”). Garage Fees and Service Fees may vary, for example based on the amount of time your vehicle is stored in the Parking Facility or the amount of time a Valet is on a valet-on-demand service. You are responsible for providing complete and accurate Payment Method and contact information to us. We may suspend or terminate your access to the Services if Garage Fees and/or Service 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 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 Services but may do so in DropCar's sole and absolute discretion.
Though it is customary for valets to receive tips for services satisfactorily performed, there is no requirement in the system and tipping is at the sole discretion of the client. Tips can be given to valets directly as there is currently no option to leave a tip via the mobile app.
Insurance and Vehicle Damage
DropCar has contracted separately with: (i) insured parking garages for Members and/or DropCar customers to park their vehicles and (ii) insured Third Party Valet Companies to provide the valet services for Members and/or DropCar customers. The Member and/or DropCar customer acknowledges that any claim for damage or otherwise shall be made against the parking garage or the Third Party Valet Company performing the services and the Member and/or DropCar customer hereby indemnifies and holds DropCar harmless from any and all claims for damage or otherwise in connection with a Member and/or DropCar customer’s parking at any garage facility or in connection with the Member and/or DropCar customer’s use of the Third Party Valet Services. Additionally, if a Member or DropCar customer requests the valet to drive with them in their vehicle then the customer's insurance shall be deemed primary for these purposes.
DropCar is not liable for any lost or stolen items left behind in your vehicle.
DropCar accepts no responsibility for any damage that occurs to your vehicle while parked at any garage facility or while a Third Party Valet Company provides any valet service. DropCar accepts no responsibility for personal items left in your vehicle.
We welcome feedback, comments and suggestions for improvements to the 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.
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 Services; and (ii) “User Content” means any Content that Members and/or DropCar customers provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
DropCar does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, DropCar and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the 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 Services.
Rights in User Content Granted by You
By making any User Content available through the 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 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 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 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 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 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 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:
- 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.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will 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.
- 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.
- 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.
- 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.
- You must also comply with all applicable third-party terms of service when using the App.
- 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 Services, or any individual element within the 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 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 the Services or Content;
- Attempt to access or search the Services or Content or download Content from the 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 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 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 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 Services;
- Collect or store any personally identifiable information from the Services from other users of the 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 Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the 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 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 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 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.
We may terminate or suspend your access to and use of the 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 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.”
THE 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 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, Third Party Valet Companies’ and/or Agent's provision of Parking Services, any acts, action, behavior, conduct, and/or negligence on the part of the Third Party Valet Company and/or Agent. FURTHERMORE, DROPCAR MAKES NO WARRANTY REGARDING THE PARKING FACILITY IN WHICH MEMBER'S VEHICLE WILL BE PARKED BETWEEN ANY DROP OFF AND PICK UP.
Assumption of Risk and Indemnity
THE MONTHLY PARKING FACILITIES AND THE VALET SERVICES UTILIZED BY DROPCAR ARE PROVIDED TO YOU BY THIRD PARTY PROVIDERS, AND BY UTILIZING THESE 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 OR TO HAVE A THIRD PARTY VALET COMPANY OPERATE YOUR VEHICLE. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THESE SERVICES, INCLUDING THE MONTHLY PARKING SERVICES AND THE THIRD PARTY VALET SERVICES, INCLUDING THE WILL SERVICE. YOU, 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 SERVICES OR CONTENT (II) RECEIPT OF MONTHLY PARKING OR VALET RELATED SERVICES 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 VALET SERVICES, OR (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE 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 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 SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES 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 AGENT'S PROVISION OF PARKING OR VALET 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 OR VALET 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 SERVICES OR CONTENT EVER EXCEED $1000. 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 or Third Party Valet Company
Because the Parking Services and valet services involve the utilization of third party Parking Facilities and/or a Third Party Valet Company, in the event that you have a dispute with a Parking Facility or Third Party Valet Company, DropCar, may, in its sole discretion, facilitate communication between you and the Parking Facility or Third Party Valet Company in connection with such dispute. If such a dispute is unable to be resolved between you and the Parking Facility or Third Party Valet Company, DropCar may, in its sole discretion, and where feasible, intervene in such dispute and take any actions DropCar deems appropriate.
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.
Notwithstanding the provisions of the “Changes to Terms or 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).
These Terms constitute the entire and exclusive understanding and agreement between DropCar and you regarding the 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 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 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 to the Services. 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.