Terms and Conditions
Dryve Terms & Conditions
Welcome to the Dryve Terms & Conditions (the “Terms”). Please read these Terms carefully because they govern your (“you”) use of Dryve, Inc.’s (“Dryve”, “we” or “us”) mobile device application (“App”) and website located at www.dryveconcierge.com (the “Site”). We make our Site and App available to individuals registered with Dryve (“Members”) who are interested in obtaining auto care, valet, maintenance and Auto Care Services (“Auto Care Services”), as well as to our authorized employees or independent contractors (“Agents”) and third party auto care partners (“Partners”).
To make these Terms easier to read, the Site, the App and our platform and services are collectively called the “Services”.
Agreement to Terms
By using our Services, a Member agrees to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
Changes to Terms & Conditions
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other means of communication. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
Members may use the Services only if they are 18 years or older and capable of forming a binding contract with Dryve 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, 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 Facebook (each, an “Facebook Account”). If you choose the Facebook Account option we’ll create your Account by extracting from your Facebook Account certain personal information such as your name and email address and other personal information that your privacy settings on the Facebook 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, trim, license plate and VIN. We also will require your mobile phone number (which is used to send you a security code to verify your identity within the app), as well as method of online payment (e.g. credit card). 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 information to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur via the App, whether ordered via you or by a friend or family member using your mobile phone.
General Overview and Third Party Delegation
Through the Services, we provide a platform that allows Members to schedule Auto Care Services and communicate with and rate Agents.
Auto Care Services include (1) the ability to arrange for pick up of your vehicle by an Agent at a location designated by you (“Pick Up”), for transportation to and service at a Dryve-designated third party auto care (“Auto Care Facility”), (2) the ability to select services you wish to have performed by the Auto Care Facility, and (3) the ability to have your vehicle retrieved by an Agent (including key location if necessary) and returned to the original location (“Drop Off”). Please note that the Auto Care Facility where your vehicle will be stored and serviced (“Auto Care Facility”) will be provided by a third party, and by authorizing Pick Up of your vehicle by Dryve, you authorize us to perform the requested services as well as store your vehicle at the Auto Care Facility (subject to the policies of such Auto Care Facility) until the Auto Care Services are complete.
Making a Reservation for Services
You may request a Pick Up by providing the necessary descriptive information for the desired Auto Care Services through the App, including (1) the desired Auto Care Services, (2) the Pick Up location (including vehicle key location and any special instructions or codes needed to access the location to retrieve the vehicle), and (3) the desired Pick Up time (collectively, the “Service Description”). You will also be presented with description of the applicable Service Fees (as defined below) before you confirm your reservation. You acknowledge that exact pricing for many Auto Care Services cannot be provided in advance, and will depend on various factors including your vehicle and the nature of the Auto Care Services to be provided. Through the Services, upon submitting a Service Description and requesting such Auto Care Services to be scheduled, an Agent will be contacted to provide Pick Up and Drop Off related to your Auto Care Services. You will have the ability to cancel such Auto Care Services for a reasonable period of time before the scheduled Drop Off or Pick Up time; this cancellation period will be communicated to you via the App (the “Cancellation Period”). Failure to cancel the service during the Cancellation Period will result in a cancellation charge.
Whether we are Dropping Off or Picking Up your vehicle, we will endeavor to arrange to have an Agent at the designated location to retrieve or deliver your designated vehicle at the designated time. If you are bringing the vehicle to the designated location, it is your responsibility to notify us via the App of any material delay. If the vehicle is not already at the designated location at the designated time, our Agents are directed to only wait up to 10 minutes before they are asked to re-contact Dryve for an additional assignment, and we reserve the right to add a surchage for late arrivals.
Limitations for Pick Up and Drop Off
Prior to Pick Up the vehicle must be parked at the location designated in your Service Description at the designated time. Drop Off will take place at the same location where Pick Up occurred. Pick Up location must be legal, off-street parking. This includes private parking structures, parking lots, carports, driveways, garages and the like. You are solely responsible for leaving your vehicle in a safe and legal location, and agree to hold Dryve harmless from any damages resulting from your failure to do so. Dryve agents are not authorized to change these terms.
Dryve Current Hours of Operation
Our hours of operations may vary by location and are posted on the App.Certain holidays are excluded and hours of operation are subject to change, and any changes in hours of operation will be posted on the App.
Members authorize Dryve to use a third party payment system to store your credit card information. Members agree to pay, and authorize Dryve’s third party payment processor to charge via the payment method 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, including any cancellation or late arrival charges. Members will be charged a single fee that includes both the Auto Care Services as well as any fees associated with Drop Off and Pick Up (“Service Fee”). Taxes areincluded. A tip or gratuity may be added at the Member’s discretion after Drop Off has been completed.
Service Fees may vary, for example based on the type of Auto Care Services performed, the products or parts used to perform the services, the year/make/model/trim of your vehicle, your geographic location and the estimated amount of time allotted to the Auto Care Services.
When scheduling Auto Care Services through the App, you will be quoted an estimate of the applicable Service Fee before you confirm your reservation. Please note, however, that your actual Service Fee for the Auto Care Services may vary from these estimates based on the actual services performed. We will use commercially reasonable efforts to obtain your consent via text or in-app message prior to authorizing additional services on your vehicle. In the event of a breakdown or other emergency involving your vehicle, you authorize us to take any and all actions needed to protect the vehicle and its occupants. 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 Service Fees are 30 days 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. Dryve has no responsibility for the Auto Care Services, and no obligation to provide refunds or credits relating to any Auto Care Services, but may do so in Dryve’s sole discretion.
Dryve will provide limited liability automobile insurance covering your vehicle during the performance of Drop Off and Pick Up Services up to a $2M general auto liability policy. Dryve does not provide insurance for claims related to the Auto Care Facilities. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply.
If you wish to be reimbursed for any damage to your vehicle that you believe occurred during the performance of Auto Care Services (“Vehicle Damage”), you must submit a claim for such damages to Dryve via email at firstname.lastname@example.org within 24 hours on which such Auto Care Services were performed. If you fail to submit your claim within the 24 hour period, you waive any right to reimbursement from Dryve for such Vehicle Damage. You agree to provide Dryve any information or documentation that Dryve may require in order to verify a claim for reimbursement for Vehicle Damage. Dryve will not be responsible for any pre-existing damage to the Vehicle or any incidental, special, exemplary or consequential damages in connection with any Vehicle Damage, including without limitation interruption of business, loss of market and/or loss of use. Dryve’s liability to reimburse you for Vehicle Damage shall be limited to the actual costs of repair by an Auto Care Facility selected by Dryve.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by email to email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable 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 Dryve.
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 provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Dryve 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, Dryve 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 Dryve a non-exclusive, transferable, sublicenseable, 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 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 Dryve, Agents or Members 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 Dryve
Subject to your compliance with these Terms, Dryve grants you a limited, non-exclusive, non-transferable, non-sublicenseable 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 Dryve
Subject to your compliance with these Terms, Dryve 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. Any breach of the foregoing shall be deemed a material breach and may result in legal action. Dryve 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 Dryve, and not with App Provider, and that, as between Dryve and the App Provider, Dryve 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 Dryve.
- 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, Dryve 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.
General Prohibitions and Dryve’s Enforcement Rights
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 Auto Care 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 Dryve 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, Dryve’s name, any Dryve 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 Dryve’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Dryve’s servers, or the technical delivery systems of Dryve’s providers;
- Attempt to probe, scan, or test the vulnerability of any Dryve system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dryve or any of Dryve’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 Dryve 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 Dryve trademark, logo URL or product name without Dryve’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”, 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.
DRYVE CONDUCTS BACKGROUND CHECKS INCLUDING CRIMINAL AND MOTOR VEHICLE BACKGROUND CHECKS ALONG WITH A REVIEW OF OTHER RELEVANT BACKGROUND INFORMATION on its Agents. Further, only Agents and Auto Care Facilities who successfully complete Dryve’s screening process, as determined in Dryve’s discretion, will provide Auto Care Services. However, neither Agents nor Auto Care Facilities are perfect and Dryve makes no warranty in connection with and/or arising from the provision of Auto Care Services, or any acts, action, behavior, conduct, and/or negligence on the part of the Agent. FURTHERMORE, DRYVE MAKES NO WARRANTY REGARDING THE AUTO CARE FACILITY IN WHICH MEMBER’S VEHICLE WILL BE SERVICED OR STORED BETWEEN DROP OFF AND PICK UP.
Assumption of Risk and Indemnity
THE AUTO CARE FACILITIES USED BY DRYVE ARE PROVIDED BY THIRD PARTY AUTO CARE FACILITY PROVIDERS, AND BY UTILIZING AUTO CARE SERVICES, YOU AUTHORIZE DRYVE TO HAVE YOUR VEHICLE SERVICED AND STORED AT ANY ONE OF SUCH AUTO CARE FACILITIES, SUBJECT TO THE POLICIES OF SUCH FACILITY THEN IN EFFECT. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING THE AUTO CARE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE AND HOLD HARMLESS DRYVE 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 FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR (I) ACCESS TO OR USE OF THE SERVICES OR CONTENT (II) USE OF AUTO CARE SERVICES INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE PROVISION OF AUTO CARE 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.
Limitation of Liability
NEITHER DRYVE 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 USE, 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 DRYVE 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, DRYVE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO AGENT’S PROVISION OF AUTO CARE SERVICES OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO AGENT’S ACTIONS OR INACTIONS, MEMBERS’ ACTIONS OR INACTIONS, OR PROVISION OF AUTO CARE SERVICES
WITHOUT LIMITING THE COVERAGE OF DRYVE’S INSURANCE POLICY AS DESCRIBED HEREIN, IN NO EVENT WILL DRYVE’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 EXCEED $75,000. THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DRYVE AND YOU.
Dispute Resolution Between You and a Auto Care Facility
Because the Auto Care Services involve the utilization of third party Auto Care Facilities, in the event that you have a dispute with a Auto Care Facility, Dryve may, in its sole discretion, facilitate communication between you and the Auto Care Facility in connection with such dispute. If such a dispute is unable to be resolved between you and the Auto Care Facility, Dryve may, in its sole discretion, and where feasible, intervene in such dispute and take any actions we deem appropriate.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Dryve agree that any dispute, claim or controversy between you and Dryve arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Dryve are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Dryve otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA form for California residents can be found at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 The form for non-California residents is found at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Dryve otherwise agree, the arbitration will be conducted in the county where the alleged claim occurred. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Dryve submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Dryve will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules, subject to applicable law.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Dryve 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 (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Dryve’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Dryve 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 Dryve and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dryve 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 Dryve’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Dryve 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 Dryve under these Terms, including those regarding modifications to these Terms, will be given by Dryve: (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.
Dryve’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 Dryve. 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.