Thank you for using DriveStay!
These Terms of Service ("Terms") are a binding legal agreement between you and DriveStay that govern the right to use the websites, applications, and other offerings from DriveStay (collectively, the "DriveStay Platform"). When used in these Terms, "DriveStay," "we," "us," or "our" refers to the DriveStay entity set out on Schedule 1 with whom you are contracting.
The DriveStay Platform enables users ("Members") to publish, offer, search for, and book parking. Members who publish and offer parking are "Hosts" and Members who search for, book, or use parking are "Guests". As the provider of the DriveStay Platform, DriveStay (or its affiliates) does not own, control, offer or manage any Listings or Host Services. DriveStay is not a party to the contracts entered into directly between Hosts and Guests, nor is DriveStay a real estate broker, parking lot owner, parking management company or insurer. DriveStay is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service ("Payment Terms").
To learn more about DriveStay's role see Section 15.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the DriveStay payment entities (collectively "DriveStay Payments").
You can search for Host parking by using criteria like the type of parking, type of listing, travel location, distance and pricing. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, ratings, customer service and cancellation history, popularity, previous bookings and saved listings, and more. Learn more about search results by contacting us.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like DriveStay's service fee, and any other items identified during checkout (collectively, "Total Price"). You are also agreeing that DriveStay via DriveStay Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claims (as defined in Section 14) amounts.
When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. By making a Reservation, you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including, without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation, including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some hosts work with a co-host or as part of a team to provide their Host Services.
In general, if you cancel a Reservation, the amount refunded to you is determined by the Host's cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our extenuating circumstances Policy. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. Contact us for more details about what is covered, and what refund applies in each situation. You may appeal a decision by DriveStay by contacting our customer service.
Guests and Hosts are responsible for any booking modifications they agree to make via the DriveStay Platform or direct DriveStay customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amount, fees, or taxes associated with any Booking Modification.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation ("Parking Areas"). For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you bring additional guests while parking who are minors, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the DriveStay Platform and any Content (as defined in Section 9), including your visit at any Accommodation, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service (the parking space) to determine whether it is suitable for you. For example, Host parking may carry risk of bodily injury, vehicle damage, disability, or death and you freely and willfully assume those risks by choosing to participate in those Host Services.
As a Host, DriveStay offers you the right to use the DriveStay Platform in accordance with these Terms to share your Accommodation or other Host Service with our vibrant community of Guests—and earn money doing it. It's easy to create a Listing and you are in control of how you host—set your price, availability, and rules for each Listing.
When you accept a booking request, or receive a booking confirmation through the DriveStay Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like DriveStay's host fee for each booking. DriveStay Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Your relationship with DriveStay is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of DriveStay, except that DriveStay Payments acts as a payment collection agent as described in the Payments Terms. DriveStay does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
The DriveStay Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, any other charges and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per location/property, but may have multiple parking spaces for a single property within your listing if it has multiple spots to park.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, and condominium association rules, restrict or prohibit sharing assigned parking spots. In some places, the Host Services you want to offer may be prohibited altogether. Some places have landlord-tenant and eviction laws that may apply to parking space sharing due to building access and safety. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply, you should always seek legal advice.
The ranking of listings in search results on the DriveStay Platform depends on a variety of factors, including these main parameters:
Search results may differ in the map view. DriveStay may allow Hosts to promote their Listings in search or elsewhere on the DriveStay Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center by contacting us.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the DriveStay Platform. Do not encourage Guests to create third-party accounts, submit reviews, bolster ratings, provide their contact information, or take other actions outside the DriveStay Platform in violation of our Off-Platform Policy.
If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. As of now or until further notice DriveStay does NOT allow for the transfer of a portion of your payout to a co-host or other Hosts, or send payments to someone else. You are responsible and liable for the payment amounts and accuracy of any payout information you collect on.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the DriveStay Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the DriveStay Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by DriveStay.
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Host, you should not cancel on a Guest without a valid reason under our extenuating circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by DriveStay exceeds your payout, DriveStay (via DriveStay Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that DriveStay's Rebooking and Refund Policy, extenuating circumstances Policy and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the DriveStay Platform or direct DriveStay customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification.
As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
In jurisdictions where DriveStay facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize DriveStay to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by DriveStay are identified to Members on their transaction records, as applicable. DriveStay may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members' tax obligations, and you agree that your sole remedy for Taxes collected by DriveStay is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that DriveStay may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.
After each Host Service, Guests and Hosts will have an opportunity to rate each other. Your Rating must be accurate and may not contain any discriminatory, offensive, defamatory, or other language. Ratings are not verified by DriveStay for accuracy and may be incorrect or misleading.
Parts of the DriveStay Platform enable you to provide feedback, text, photos, audio, video, information, and other content ("Content"). By providing Content, in whatever form and through whatever means, you grant DriveStay a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such Content to provide and/or promote the DriveStay Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where DriveStay (including its affiliates) pays for the creation of Content or facilitates its creation, DriveStay (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant DriveStay the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Policies and prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that DriveStay may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. DriveStay does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
DriveStay may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the DriveStay Platform. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the DriveStay Platform, service fees are non-refundable. DriveStay reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.
You must follow these rules and must not help or induce others to break or circumvent these rules.
If you believe that a Member, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting DriveStay. In addition, if you believe that a Member, Listing, or Content has violated our Standards, you should report your concerns to DriveStay. If you reported an issue to local authorities, DriveStay may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
If you believe that Content on the DriveStay Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
The agreement between you and DriveStay reflected by these Terms is effective when you access the DriveStay Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by sending us an email to help.drivestay@gmail.com or by deleting your account. DriveStay may terminate this agreement and your account for any reason by providing you 30 days' notice via email or using any other contact information you have provided for your account. DriveStay may also terminate this agreement immediately and without notice and stop providing access to the DriveStay Platform if you breach these Terms, you violate our Additional Legal Terms or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect DriveStay, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
If (i) you breach these Terms, our Additional Legal Terms, Policies or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) DriveStay believes it is reasonably necessary to protect DriveStay, its Members, or third parties; DriveStay (or its affiliates) may, with or without prior notice:
For minor violations or where otherwise appropriate as DriveStay (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by DriveStay and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
DriveStay may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.
If you are a Host and terminate your DriveStay account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation's cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the DriveStay Platform has been limited, or your DriveStay account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the DriveStay Platform through an account of another Member.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.
DriveStay may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the DriveStay Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the DriveStay Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the DriveStay Platform will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your guest(s), or your pet(s) have: (i) damaged the complaining Member's, or the Accommodation owner's, real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or (ii) caused loss of booking income for bookings via the DriveStay Platform or other consequential damages which result directly from the damage caused under (i) above; or (iii) otherwise caused the complaining Member to incur cleaning costs (each of (i), (ii), and (iii) being a "Damage Claim"), the complaining Member can notify DriveStay and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to DriveStay and DriveStay determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, DriveStay via DriveStay Payments can collect the amount of the Damage Claim from you. You agree that DriveStay may seek to recover from you under any insurance policies you maintain and that DriveStay may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information DriveStay requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using DriveStay, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that DriveStay (or its affiliates) has the right, but does not have any obligation, to monitor the use of the DriveStay Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the DriveStay Platform (including 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) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don't meet quality and eligibility criteria. Members acknowledge and agree that DriveStay administers its Additional Legal Terms, Policies such as our extenuating circumstances Policy, and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist DriveStay (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the DriveStay Platform. DriveStay is not acting as an agent for any Member except for where DriveStay Payments acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the DriveStay Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the DriveStay Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify DriveStay if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
The DriveStay Platform and all Content are provided "as is" without warranty of any kind, and DriveStay (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Host, Host Service, Listing, or third party; (ii) we do not warrant the performance or non-interruption of the DriveStay Platform; and (iii) we do not warrant that verification, identity, or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or DriveStay (or its affiliates) has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties DriveStay (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
Neither DriveStay (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the DriveStay Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the DriveStay Platform or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the DriveStay Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not DriveStay has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the DriveStay Host Damage Protection, in no event will DriveStay's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the DriveStay Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$300).
These limitations of liability and damages are fundamental elements of the agreement between you and DriveStay. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at DriveStay's option), indemnify, and hold DriveStay (including DriveStay Payments, other affiliates, and their personnel) 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 (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the DriveStay Platform, (iii) your interaction with any Member, stay at an Accommodation, or other Host Service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use, (iv) your failure, or our failure at your direction, to accurately report, collect, or remit Taxes, or (v) your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights.
Based on your country of residence or establishment and what you are doing on the DriveStay Platform, Schedule 1 below sets out the DriveStay entity with whom you are contracting. If we identify through the DriveStay Platform, a DriveStay entity other than the one set out on Schedule 1 as being responsible for a product, feature, or transaction, the DriveStay entity so identified is your contracting entity with respect to that product, feature, or transaction. If you change your country of residence or establishment, the DriveStay company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
If you reside or have your place of establishment in the United States, 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 (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in Los Angeles, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Los Angeles, California.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against DriveStay in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
DriveStay is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with DriveStay's customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and DriveStay each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
At least 30 days prior to initiating an arbitration, you and DriveStay each agree to send the other party an individualized notice of the dispute in writing ("Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to DriveStay by mailing it to DriveStay's agent for service: 915 N Wetherly Dr, West Hollywood CA, 90069 Unit 6. DriveStay will send its Pre-Dispute Notice to the email address associated with your DriveStay account. A Pre-Dispute Notice must include: the date, your name, mailing address, your DriveStay username, the email address you used to set up your DriveStay account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 22.6, below. A claimant's Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
You and DriveStay mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the DriveStay Platform, Host Services, or any Content (collectively, "Disputes") will be settled by binding arbitration on an individual basis (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and DriveStay agree that an arbitrator will decide that issue. For the avoidance of doubt, you and DriveStay agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 22, including any dispute over compliance with the Pre-Dispute Notice requirement and a party's responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.
You and DriveStay each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the DriveStay Platform or Host Services.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. ("ADR") (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure ("Selected Federal Rules") and ADR's Arbitration Rules then in effect (the "ADR Rules"), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. If ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Selected Federal Rules and the AAA's Consumer Arbitration Rules then in effect. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and DriveStay shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or DriveStay may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5.
In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide DriveStay with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, DriveStay will pay your share of any arbitrator fees.
Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party's reasonable attorneys' fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party's initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings in violation of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys' fees and costs.
The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
You and DriveStay acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
You and DriveStay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction.
You and DriveStay acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties ("Mass Action"). Accordingly, you and DriveStay agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action. Nothing in this provision prevents you or DriveStay from participating in a mass settlement of claims.
If for any reason, notwithstanding Section 22.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants alphabetically (by last name or business name, as applicable). The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. If any claimant's demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant's demand in court subject to Sections 21 and 22.12 of these Terms.
At least 10 days before the date set for the arbitration hearing, you or DriveStay may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer.
Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
If DriveStay amends this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your DriveStay username, the email address you used to set up your DriveStay account, your signature, and an unequivocal statement that you want to opt out of the amended Section 22. You must either mail your notice to this address: 915 N Wetherly Dr, West Hollywood CA, 90069 Unit 6; Attn: Arbitration Opt-Out. Rejecting a new change, however, does not revoke or alter your prior agreement.
Except as provided in Section 22.12 and subject to Section 12.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the DriveStay Platform or terminate your DriveStay account.
The above Sections 23.1 and 23.2 are expressed to be without regard to conflict of laws provisions and shall not be construed to limit any rights which DriveStay (or its affiliates) may have to apply to any court of competent jurisdiction for any order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of Singapore, the People's Republic of China, or any other laws that may apply to you.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between DriveStay and you pertaining to your access to or use of the DriveStay Platform and supersede any and all prior oral or written understandings or agreements between DriveStay and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and DriveStay. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word "will" is used in these Terms it connotes an obligation with the same meaning as "shall."
DriveStay'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. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without DriveStay's prior written consent. DriveStay may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by DriveStay via email, DriveStay Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
The DriveStay Platform may contain links to third-party websites, applications, services, or resources ("Third-Party Services") that are subject to different terms and privacy practices. DriveStay is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not an endorsement.
Some translations on the DriveStay Platform are 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. Some areas of the DriveStay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.
Content made available through the DriveStay Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information, and other content ("Platform Content"), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know-how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of DriveStay and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Platform Content accessed through the DriveStay Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, DriveStay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the DriveStay Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the DriveStay Platform and accessible to you, solely for your personal and non-commercial use.
DriveStay shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You will receive administrative communications from us using the email address or other contact information you provide for your DriveStay account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a DriveStay account. In the U.S., if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.