Terms & Conditions

General Website Terms and Conditions Thank you for visiting the BookOurDriveway, Inc. (“BookOurDriveway,” “we,” “us,” or “our”) website at Bookourdriveway.com and associated software application(s) (collectively, the “Site”). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below, which we may revise from time to time without notice. Please read these terms and conditions carefully. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL WEBSITE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”). PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS AND CONDITIONS CAREFULLY: (A) LIMITATION OF LIABILITY, (B) INDEMNITY AND (C) RELEASE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY BOOKOURDRIVEWAY SERVICE, PARTICIPATE IN ANY SERVICE OFFERED THROUGH THE SITE. If you fail to comply with these Terms and Conditions, your permission to use the Site automatically terminates and we may disable your use of the Site. The provisions of these Terms and Conditions apply equally to, and are for the benefit of, BookOurDriveway, its subsidiaries, affiliates, Licensors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly. Booking Services: Unless expressly stated otherwise herein, the booking services provided by BookOurDriveway (the “Services”) are limited to informing users of the location and potential availability of certain parking spots (“Parking Spots”) and facilitating the booking (as defined below) by displaying Parking Spots, processing the booking and collecting booking fees on behalf of Licensors (as defined below). Any fees and/or consideration paid to BookOurDriveway is paid to BookOurDriveway in connection with these booking Services unless otherwise indicated. When BookOurDriveway receives your payment, your obligation to pay the Licensor for the booking is fully satisfied. To be clear, BookOurDriveway does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the booking Services (collectively, “Excluded Services”). The Excluded Services are provided by Licensors who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spots or any facility where the Parking Spots are located found through use of the Site. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. We do not guarantee the availability of a specific Parking Spot, if a booked Parking Spot is unavailable, we will provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures at https://bookourdriveway.com/policies-and-procedures The Services and Site are not intended for use by persons under the age of 13. If you are under 13, you may not use either the booking Services or the Site. You agree to comply with all applicable laws when accessing or using our booking Services, and you may only access or use the booking Services for lawful purposes. Licensors: Licensor Terms and Conditions: BookOurDriveway lists the Parking Spots on the Site and, as such, facilitates the booking of Parking Spots (“Bookings”) between users of the Site (“Licensees” or “you”), and the independent owners Parking Spots (the “Licensors”). BookOurDriveway does not operate Parking Spots, or determine parking availability provided by Licensors. While BookOurDriveway makes every effort to provide accurate information regarding the Parking Spots listed on the Site, at times such information may become inaccurate and BookOurDriveway shall not be liable for any such inaccuracy. In all cases, BookOurDriveway will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your booking and use of a Parking Spot. Licensor Obligations: To create a listing, you must sufficiently describe the Parking Spot, along with any conditions of parking you wish to apply, on the listing page of the Site. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, whether or not a deposit is required for access cards/keys, and access offered. All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Parking Spot becomes unavailable for any reason, you agree to remove or suspend the listing as soon as reasonably practicable. You acknowledge and agree that you are responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you post and the booking of, or Licensee’s use of, a Parking Spot in a listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Parking Spot, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. In the event a Licensee fails to make full payment to us as required under these Terms and Conditions, you agree to assign any rights you may have with respect to collection of any payment to us and assist us to the best of your ability by complying with any and all reasonable requests (such as, but not limited to: denying the Licensee access to the Parking Spot and/or their vehicle, taking images of the vehicle, allowing third party access to view the vehicle, and providing any reasonable information as requested by us). You are responsible for the Parking Spot and are required to hold comprehensive home and contents insurance on the property on which the Parking Spot is located. Licensee Obligations: By using the Services you warrant and represent that you will only use the Parking Spot for parking of a registered motor vehicle, you are not seeking storage of any prohibited goods or hazardous materials, you will not use the Parking Spot for any unlawful purpose, and you will not do anything that will interfere with the Licensor’s reasonable enjoyment of the rest of the premises. You will comply with the access and security arrangements in the Booking or as otherwise agreed, and keep safe any keys or other items used to access the Parking Spot. At or before the end of the Booking, you must vacate the Parking Spot completely and remove all contents and debris and leave the Parking Spot in good “broom clean” condition. You are required to hold vehicle insurance coverage on the vehicle which will be occupying the Parking Spot in connection with any Booking. Privacy Information: By visiting or using this Site and its related services, contacting us through this Site or making submissions to us or the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed at https://bookourdriveway.com/privacy-policy/ User Accounts: In order to access certain areas of the Site, you will create a user account and login (a “User Account”). You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party’s User Account without such party’s express written authorization. Use of Content: The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content”) on the Site is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Site at any time in our sole discretion. User Warranty: By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms and Conditions, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties. Commercial Use is Restricted: Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, resell or attempt any of the foregoing. By way of example and not limitation, you may not resell any Bookings booked through BookOurDriveway to a third party without BookOurDriveway express written permission. If such resale is discovered, your BookOurDriveway Account may be suspended or revoked, and any existing reservations voided without refund. Fees and Payments: You are responsible for all charges, fees, duties, taxes, and assessments arising out of any Bookings for the use of a Parking Spot. You agree to pay to BookOurDriveway all fees for BookOurDriveway provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Your payment of such fees constitute payment to the Licensor solely for purposes of making a Booking. Where applicable, you will be billed using the billing method you select through your User Account management page (i.e., credit card) or through an alternative payment method offered by BookOurDriveway. Except as provided in these Terms and Conditions or when required by law, all fees paid by you are non-refundable and BookOurDriveway may change the fees for any Services at any time without notice. You agree that in no circumstance whatsoever that the payment of any fees associated with the Services be solicited, offered, paid or redirected to any Licensor directly by way of check, cash, or any payment method other than by payment through BookOurDriveway as set out in these Terms and Conditions. Taxes and Fees: In connection with facilitating your transaction, BookOurDriveway will charge your credit card for the total price displayed at checkout, which includes the amount for your booking of the Parking Spot(s), a fee retained by BookOurDriveway for providing their services in facilitating the Booking, and all anticipated applicable taxes. BookOurDriveway retains a service fee as compensation for facilitating the booking and for providing Services. Cancellations and Refunds: Bookings purchased through the Site are non-refundable on the day scheduled for your Parking Spot. Cancellation may be done for bookings prior to the day of the actual Booking. The refund will consist of the original Booking payment less a service fee. Any cancellation of a Booking by a Licensor will result in a full refund to the Licensee and a service fee will be charged to the Licensor. More details are available on our FAQ page at https://bookourdriveway.com/faq/ (as may be updated by BookOurDriveway from time to time). All Bookings are non-refundable on the day scheduled for the use of your Parking Spot, regardless of your use or non-use of the Booking and regardless of any circumstance surrounding the use or non-use of a Booking (i.e., traffic or weather delays, cancellation of a related event). If, for whatever reason, an error occurs in regard to any fee for Services, for a Parking Spot, BookOurDriveway may, in its sole discretion, void a Booking related to that error and refund appropriate monies paid in connection therewith. Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited. Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. BookOurDriveway reserves the right to grant the operators of public search engines permission to use spiders to copy materials from the Site for any uses which we determine are necessary or desirable for the operation of our business. User Submissions: You agree that any information you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Site or otherwise have appropriate authority to provide any such information through the Site. All information that you submit to us through the Site shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information other than as specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity. You agree to treat all information available and otherwise provided through the Site as strictly confidential, and may only use that information for the purpose of the Services. Confidential information expressly includes, but is not limited to, contact details of each Licensor or Licensee, addresses relating to any Parking Spots, and information about the parked vehicle, but does not include any information already in the public domain, or independently known to you. Termination: We reserve the right to suspend or terminate your use of the Services and/or your User Account in the event you violate any provision of these Terms and Conditions or if you use BookOurDriveway services in a fraudulent manner. Furthermore, we may terminate or suspend access to all or part of this Site at any time, without notice or for any reason. Limited Access: From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Site, the Content or access to Bookings. We may conduct maintenance on any of the foregoing at any time with or without notice to you. Disputed Charges and Reversals: If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted. WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE SERVICE BookOurDriveway OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. BookOurDriveway MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. BookOurDriveway DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. GENERAL DISCLAIMERS: BookOurDriveway ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE. LIMITATION OF LIABILITY: BookOurDriveway, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF BOOKOURDRIVEWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Indemnity: You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use or misuse of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Terms and Conditions; (iv) your violation of any third party right; or (v) the driving and/or parking of the automobile in the Parking Spot. It Is understood that all parking spots booked via BookOurDriveway are deemed as use at your own risk. Release: You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users’ use of the Site, any dispute or defense you have or claim to have against us or one or more users of the Site, and any liability for injury, loss and/or damages to the vehicle or driveway, including but not limited to theft, collision, fire, acts of God, weather, construction, etc. during the course of parking of the car in the Parking Spot. It Is understood that all Parking Spots booked via BookOurDriveway are deemed as use at your own risk. Reservation of Rights: We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party. Contact Information: If you wish to contact us regarding (i) information on our Services, (ii) permission to reproduce or use any Content on the Site, or (iii) any other reason, please contact: info@bookourdriveway.com Severance and Waiver: You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us. Entire Agreement: You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these Terms and Conditions, your use of the Site, or any actions by any Licensor with respect to the Site or associated software applications.