DIBS Parking Inc. Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you and DIBS Parking Inc. that govern the right to use the websites, applications, and other offerings from DIBS Parking Inc. (collectively, the "DIBS Parking Platform"). When used in these Terms, "DIBS Parking," "we," "us," or "our" refers to DIBS Parking Inc.
The DIBS Parking Platform enables users ("Members") to publish, offer, search for, and book services. Members who publish and offer services are "Parking Hosts" and Members who search for, book, or use services are "Parking Guests." Parking Hosts offer event parking ("Parking Spaces" and each Parking Space, a "Parking Space Listing"). As the provider of the DIBS Parking Platform, except for Parking Space Listings that state specifically they are hosted by DIBS Parking or its affiliates, DIBS Parking and its affiliates do not own, control, offer or manage any Parking Space Listings or Parking Spaces. DIBS Parking is not a party to the contracts entered into directly between Parking Hosts and Parking Guests, nor is DIBS Parking a real estate broker, travel agency, or insurer. DIBS Parking is not acting as an agent in any capacity for any Member.

Parking Guest Terms.

1. Searching and Booking on DIBS Parking.

1.1 Searching.

You can search for Parking Spaces by using criteria such as event venue, event date, neighborhood, school or business district, desired start time, duration, and availability of Parking Spaces. Search results are ordered based on relevance to your query and may take into account price, availability, reviews, cancellation history, popularity, prior bookings, and your saved or previously viewed Parking Space Listings.

1.2 Booking.

When you book a Parking Space Listing, you agree to pay all charges associated with your booking, including the Parking Space price, applicable service or processing fees, taxes, and any other charges disclosed during checkout (collectively, the "Total Price"). The Total Price displayed at the time of booking will not change after your Reservation is confirmed.

Once your Reservation is confirmed, we share the Parking Host's phone number with you so that you can reach them about the Parking Space. It appears in your booking confirmation and on your booking. This number is provided for matters relating to your Reservation only. You may not use it for any other purpose, share it with anyone else, add it to any marketing or contact list, or contact the Parking Host outside the DIBS Parking Platform for anything other than the Reservation.

Upon confirmation, a contract for use of the Parking Space (a"Reservation") is formed directly between you and the Parking Host. This Reservation grants you a limited, revocable license to use the Parking Space only during the applicable reservation period and only in accordance with these Terms, the Parking Space Listing, and any instructions or rules disclosed by the Parking Host.

1.3 Types of Reservations.

DIBS Parking offers three primary reservation types: Event Parking,Daily Parking, and Semester Parking. Each Reservation applies to one registered vehicle, is non-transferable, and does not create a tenancy, leasehold, bailment, or storage relationship.

1.3.1 Event Parking.

Event Parking Reservations are tied to a specific event and cover the time window displayed in the Parking Space Listing. You must arrive and depart within the approved window. A one (1) hour grace period applies after the listed end time. After the grace period, an overstay penalty of $5 per hour, up to a maximum of $20, may be charged and your vehicle may be towed at your expense where permitted by law.

1.3.2 Daily Parking.

Daily Parking Reservations are time-based and begin at the selected start time and end at the selected end time. A fifteen (15) minute grace period applies after the end time. After the grace period, an overstay penalty of $5 per hour, up to a maximum of $20, may be charged and your vehicle may be towed at your expense where permitted by law.

1.3.3 Semester Parking (Scheduled Use).

Semester Parking Reservations provide scheduled, recurring access during the specific days and hours displayed in the Parking Space Listing for the duration of the Semester Pass term. Semester Parking does not permit continuous presence or vehicle storage.

Overstay for Semester Parking is treated the same as Event Parking.Parking outside of the approved days or hours may result in penalties, towing, suspension of the Semester Pass, or account termination.

1.4 Vehicle and Property Rules.

Vehicles must be operable, road-legal, and free of fluid leaks. Vehicles may not block access, interfere with property operations, or remain outside approved windows. Violations may result in towing, penalties, or account restrictions.

1.5 No Storage or Continuous Parking.

Reservations do not permit overnight vehicle storage, long-term parking, or leaving a vehicle outside of approved reservation windows. Each Reservation applies to a single vehicle only and may not be shared, transferred, or resold.

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds.

DIBS Parking offers different cancellation rules for event parking Reservations and daily parking Reservations.

Event Parking Cancellations. For event parking Reservations, Parking Guests may cancel for a full refund up to the day before the event. If you cancel on or before 11:59 p.m. (local venue time) on the day prior to the event, you will receive a full refund of the booking amount and applicable fees, except as otherwise required by law or as expressly stated at checkout. Cancellations on the day of the event are not eligible for a refund, except in circumstances described under Extenuating Circumstances below.

Daily Parking Cancellations. For daily parking Reservations, Parking Guests may cancel for a full refund if the cancellation is made at least thirty (30) minutes before the scheduled start time of the Reservation. If you cancel less than thirty (30) minutes before the start time, you will not be eligible for a refund unless required by law or permitted under our Extenuating Circumstances policy.

Semester Parking Cancellations. For semester or recurring parking bookings (including Semester Passes), you may cancel for a full refund up to the day before the Semester Pass start date, minus any non-refundable fees disclosed at checkout, unless otherwise required by law. Once a Semester Pass has started, refunds are not provided except where required by law or under Extenuating Circumstances, and any partial refunds or credits are issued at DIBS Parking's discretion.

Extenuating Circumstances. If something outside your control forces you to cancel a Reservation, such as the event you have booked a Reservation for is cancelled by the venue or organizer, severe weather conditions make attending the event unsafe, or declared national or local emergencies prevent you from using the Parking Space ("Extenuating Circumstances"), including circumstances that may constitute Force Majeure as described in Section 23.9 below, you may be eligible for a full refund. In the event of a refund for a cancellation due to Extenuating Circumstances, DIBS Parking may issue to you a refund including certain fees in accordance with our internal policies and applicable law. If the Parking Host cancels, you may be eligible for rebooking assistance, credits to your DIBS Parking account, or a refund. You may request assistance from DIBS Parking by contacting our customer service at support@dibs-parking.com. All decisions made by DIBS Parking regarding refunds and credits are final.

2.2 Booking Modifications.

Parking Guests and Parking Hosts are responsible for any booking modifications they agree to make via the DIBS Parking Platform or direct DIBS Parking customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification. Booking Modifications may affect your eligibility for refunds under this Section, and any changes will be disclosed to you prior to confirming a modification.

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities.

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 Parking Space. For example, this means: (i) you are responsible for leaving personal property in visible locations in your vehicle, and (ii) you must comply with applicable laws at all times. If you book a Parking Space on behalf of another Parking Guest, you are required to ensure that such Parking Guest is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Parking Host. If you are booking for a Parking Guest who is a minor or if you bring a minor to a Reservation, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

3.2 Your Assumption of Risk.

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 DIBS Parking Platform and any Content (as defined in Section 9), including your use of any Parking Space, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Parking Host and Parking Space Listing to determine whether it is suitable for you. For example, Parking Spaces may be located in areas with high vehicle traffic or crime which may expose you to bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to reserve those Parking Spaces. You freely and willfully assume all risks related to damage to your vehicle, vehicle mechanical issues or breakdowns, theft or loss of vehicle contents and personal property, theft of your vehicle, vehicle accidents and collisions, and any incidents occurring outside the allotted time of the Reservation, including towing of your vehicle.

3.3 Insurance and Risk Allocation.

DIBS Parking maintains Commercial General Liability insurance that may provide coverage for certain third-party bodily injury and property damage claims arising out of DIBS-facilitated parking activity during an active Reservation, subject to the terms, conditions, exclusions, and limits of the applicable policy. Where permitted by the insurer and upon request, Parking Hosts or property owners may be named as Additional Insureds for covered activities occurring solely during active Reservations. Such coverage, if any, applies only to claims arising out of DIBS Parking's role as a marketplace facilitating Reservations and does not extend to activities occurring outside of Reservation periods or to a Parking Host's or property owner's independent business operations. Nothing in these Terms constitutes a guarantee of insurance coverage, nor does it create any obligation for DIBS Parking to indemnify any Member beyond the scope of applicable insurance coverage, if any.

4. Parking Host Terms.

4.1 Hosting on DIBS Parking.

DIBS Parking may distribute eligible Parking Space Listings through partner marketplaces. Partner bookings may not include the Parking Guest's name or license plate at the time of booking. Parking Hosts with an approved property can opt out of partner-marketplace distribution in their account settings on the web or mobile app. This preference applies account-wide to all of the host's properties, rather than to an individual Parking Space Listing.

As a Parking Host, DIBS Parking offers you the right to use the DIBS Parking Platform in accordance with these Terms to share your Parking Spaces with our community of Parking Guests — and earn money doing it. It's easy to create a Parking Space Listing and you are in control of how you host — including setting your availability, rules, and certain pricing parameters for each Parking Space Listing, subject to these Terms and any caps or controls we may apply.

As part of creating or maintaining a Parking Space Listing, DIBS Parking may require you to submit verification documents, such as a government-issued ID and a recent utility bill or similar document, to help verify that you are authorized to list the space. DIBS Parking reserves the right, in its sole discretion, to accept, decline, or waitlist any Parking Space Listing or host application. Until your listing is approved, your Parking Spaces may not be visible or bookable on the DIBS Parking Platform.

For event parking, you may set prices for your Parking Space Listings manually or, where available, choose to use automated pricing tools provided by DIBS Parking, which may adjust prices based on demand, proximity, and other factors. For daily parking, DIBS Parking currently sets pricing (including hourly or per-minute rates). We may in the future allow hosts to set their own daily rates within caps or ranges that we determine are appropriate to maintain fair pricing and marketplace health. We may also introduce caps or minimums for both event parking and daily parking rates at any time. Any such changes will apply prospectively and will not change the price of already-confirmed Reservations.

As a Parking Host, you can change the price for your Parking Space Listings up to the time of an event or start of a daily Reservation window but may not modify the price of Reservations for your Parking Space Listings once booked by a Parking Guest.

4.2 Contracting with Parking Guests.

When you accept a booking request, or receive a booking confirmation through the DIBS Parking Platform, you are entering into a contract directly with the Parking Guest, and are responsible for delivering the Parking Space for use by the Parking Guest under the terms and at the price specified in your Parking Space Listing and at checkout. You are also agreeing to pay applicable fees like DIBS Parking's service fees and commissions (and applicable taxes) for each booking. DIBS Parking 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 Parking Guests must: (i) be consistent with these Terms, our Privacy Policy, and the information provided in your Parking Space Listing, and (ii) be prominently disclosed in your Parking Space Listing description.

4.3 Parking Host Payouts.

Payouts for completed Reservations from DIBS Parking to Parking Hosts are handled through our payment processing partners and are subject to their processing times and requirements, as well as the rules in these Terms.

Event Parking Payouts. For event Reservations, DIBS Parking generally initiates transfers to your connected Stripe account three (3) business days after the event, which allows time to review parking-related incidents. Once a transfer is initiated, funds may take up to three (3) business days to arrive in your bank account, depending on your bank's clearing and settlement times and Stripe's processes.

Daily Parking Payouts. For daily parking Reservations, payouts are batched and initiated weekly at approximately 8:00 a.m. (local time) on Mondays. Each weekly payout includes the accumulated balance from completed daily bookings from the previous week, subject to fees, adjustments, or chargebacks as outlined in these Terms.

Semester Parking Payouts. For semester or recurring parking bookings (including Semester Passes), DIBS Parking may initiate payouts in installments. Unless otherwise disclosed at checkout or during host onboarding, DIBS Parking generally initiates a payout of fifty percent (50%) of the booking amount after the first week of the pass period, and initiates the remaining balance at the end of the Semester Pass period, subject to refunds, penalties, chargebacks, and other adjustments as outlined in these Terms.

If you receive bookings before connecting your bank account or completing required onboarding with Stripe, the earnings for those bookings will remain in a pending status. Once you successfully connect your bank account and complete any required verification, DIBS Parking will initiate transfers of eligible pending amounts as part of the next scheduled payout cycle, subject to these Terms and applicable law.

Payouts may be adjusted for refunds, cancellations, overstay fees, penalties, chargebacks, and other amounts owed to DIBS Parking or Parking Guests. You authorize DIBS Parking to offset any amounts you owe us, including fees, penalties, and Damage Report amounts, against your payouts or, where necessary, to charge your designated payment method in accordance with these Terms.

4.4 Independence of Parking Hosts.

Your relationship with DIBS Parking is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of DIBS Parking, except where explicitly negotiated by you and DIBS Parking. DIBS Parking does not direct or control your Parking Spaces or Parking Listings, and you understand that you have complete discretion whether and when to provide Parking Spaces, and at what price and on what terms to offer them, subject to these Terms and any caps, minimums, or marketplace rules DIBS Parking may implement. Parking Hosts acknowledge and agree that DIBS Parking does not assume responsibility for, and provides no coverage for, activities occurring outside of active Reservations, including during a Parking Host's normal business hours or any time when a Parking Space is not booked through the DIBS Parking Platform.

5. Managing Your Parking Space Listing.

5.1 Creating and Managing Your Parking Space Listing.

The DIBS Parking Platform provides tools that make it easy for you to set up and manage a Parking Space Listing. Your Parking Space Listing can be listed up to 90 days prior to an event and must include complete and accurate descriptions and photos of your Parking Spaces, such as but not limited to, the number of available Parking Spaces at your location, the address and access instructions for the Parking Spaces, accurate vehicle size and capacity of the Parking Spaces, your price (including any additional charges), and any rules or requirements that apply to your Parking Guests or Parking Space Listing. You must be available during the Reservation for troubleshooting with Parking Guests. You are responsible for your acts or omissions as well as keeping your Parking Space Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times.

As part of the listing and onboarding process, DIBS Parking may request and retain verification documents for each space or host, including government-issued IDs, utility bills, or other documents that help confirm ownership or authorization to list the space. DIBS Parking may accept, decline, or waitlist applications or individual Parking Spaces at its sole discretion, and we may update verification requirements from time to time.

You are responsible for obtaining appropriate insurance for your Parking Spaces and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Parking Space Listing per Parking Space, but may have multiple Parking Space Listings for a single location.

5.2 Know Your Legal Obligations.

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Parking Space Listing or Parking Spaces. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit allowing unsupervised guests on the property and/or subletting or renting parking spaces allocated to the occupant. Check your local laws and ordinances to learn what rules apply to the Parking Spaces 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 Parking Guests and others in compliance with applicable privacy laws and these Terms, including our Privacy Policy. If you have questions about how local laws apply you should always seek legal advice.

5.3 Search Results.

The ranking of Parking Space Listings in search results on the DIBS Parking Platform depends on a variety of factors, including these main parameters:

• Parking Guest search parameters (e.g. number of Parking Spaces, location, time and duration of Reservation, price range, event)
• Parking Space Listing characteristics (e.g. price, calendar availability, number and quality of Parking Spaces, Reviews, event proximity)
• Parking Guest experience (e.g. customer service and cancellation history of the Parking Host, ease of booking)
• Parking Host and Parking Space Listing requirements (e.g. minimum or maximum duration, booking cut-off time)
• Parking Guest preferences and history (e.g. previous Reservations, viewed and saved Parking Space Listings)

Search results may be different on our mobile application than on our website, and may also differ in the map view. DIBS Parking may allow Parking Hosts to promote their Parking Space Listings in search or elsewhere on the DIBS Parking Platform by paying an additional fee.

5.4 Your Responsibilities.

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 Parking Spaces. You will honor confirmed bookings, follow our cancellation policies, maintain the Parking Spaces as they are described in your Parking Space Listings, keep your Parking Spaces safe by clearing any hazards from the area around your Parking Spaces, provide adequate lighting at Parking Spaces if Parking Space Listings are for night events, be available to be contacted during Reservations for Parking Guest troubleshooting, and report any unsafe conditions of your Parking Spaces to DIBS Parking. So that a Parking Guest can reach you, you acknowledge and agree that the phone number on your account is shared with the Parking Guest for each confirmed Reservation of your Parking Space, including in their booking confirmation and reminders, and is visible to them on their booking. If you do not wish your phone number to be shared in this way, do not list a Parking Space. You are responsible for keeping the phone number on your account accurate and current. You must keep Parking Guests' vehicles accessible and able to leave your Parking Spaces at any time during the Reservation. For example, you must be sure that vehicles are not parked in a way as to inhibit other vehicles from being able to leave your Parking Spaces and you must ensure that barriers, such as gates, are open such that Parking Guests may retrieve their vehicles at any time. If a Parking Guest overstays beyond the one (1) hour grace period from the end time of an event Reservation, we recommend you contact DIBS Parking so we can attempt to reach the Parking Guest. After four (4) hours beyond the grace period, towing is recommended. If you choose to tow the Parking Guest's vehicle, you may notify us that you are having the vehicle towed for overstaying the Reservation by email at support@dibs-parking.com. You are responsible for setting your price and establishing rules and requirements for your Parking Space Listing within any caps or controls that we set. You must describe any and all additional fees and charges in your Parking Space Listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your Parking Space Listing are included in your price breakdown. You may not collect any fees or charges outside the DIBS Parking Platform. Do not encourage Parking Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the DIBS Parking Platform.

5.5 Hosting as a Team or Organization.

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 Parking Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Parking Spaces and you are responsible for informing personnel engaged by you to assist in managing any Parking Spaces 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. You are solely responsible and liable for all payments and taxes owed to and on behalf of any personnel engaged by you to assist in managing any Parking Spaces under these Terms.

5.6 Your Assumption of Risk.

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 DIBS Parking Platform, offering Parking Spaces to Parking Guests, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the DIBS Parking Platform and any laws, rules, regulations, or obligations that may be applicable to your Parking Space Listings or Parking Spaces and that you are not relying upon any statement of law made by DIBS Parking.

5.7 Daily Parking Schedules and Availability.

Hosts enrolled in daily parking can set their weekly availability using scheduling tools on the DIBS Parking Platform. This allows you to define time blocks each day when your lot, driveway, or spaces are available, and how many spots are available during each block. We recommend leaving at least a one (1) hour buffer between the end of your listed availability and any personal or business use of the Parking Space to reduce the risk of issues arising from overstays.

If your availability changes, you must promptly update your schedule in the app. If a Booking is made during a period you listed as available, you must honor that Booking. Failure to accurately update your availability may result in penalties, including financial adjustments, negative reviews, or other measures, especially where a Parking Guest with a valid Reservation cannot park because your lot is full or unavailable due to your mismanagement.

6. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues (Guests).

Cancellation and refund eligibility depends on the type of Reservation. Unless otherwise required by applicable law, DIBS Parking may deduct non-refundable processing fees, chargeback costs, or other transaction costs from any approved refund. DIBS Parking may also deny refunds where we reasonably believe there is fraud, abuse, or repeated refund requests inconsistent with normal usage.

6.1.1 Event Parking Cancellations.

A Parking Guest may cancel an Event Parking Reservation up to the day before the event for a refund of the reservation amount minus applicable fees. On the day of the event, a Parking Guest may not cancel for a refund except in extenuating circumstances, such as the event being canceled or a Force Majeure event (as described in these Terms), or where otherwise required by applicable law.

6.1.2 Daily Parking Cancellations.

A Parking Guest may cancel a Daily Parking Reservation up to 30 minutes before the start time for a full refund (without fees). If the Parking Guest cancels within 30 minutes of the start time or after the reservation has started, DIBS Parking may refuse refunds in its discretion except in extenuating circumstances or where otherwise required by applicable law.

6.1.3 Semester Parking Cancellations.

A Parking Guest may cancel a Semester Parking Reservation up to the day before the Semester Pass start date for a refund of the reservation amount minus applicable fees. Once a Semester Pass has started, no refunds will be awarded except in extenuating circumstances, and any refund granted may be partial in DIBS Parking’s discretion (or as otherwise required by applicable law).

6.1.4 Reservation Issues and Extenuating Circumstances.

If you experience a Reservation Issue (for example, you cannot access the Parking Space due to conditions not caused by you), you must contact DIBS Parking Support promptly through the DIBS Parking Platform. Where DIBS Parking determines that an extenuating circumstance applies, DIBS Parking may issue a refund (full or partial), credit, or other resolution, in its discretion, subject to applicable law. “Extenuating circumstances” may include, without limitation, (i) event cancellation, (ii) verified safety hazards preventing use of the Parking Space, or (iii) Force Majeure events.

6.2 Booking Modifications.

Parking Hosts and Parking Guests are responsible for any Booking Modifications they agree to make via the DIBS Parking Platform or direct DIBS Parking customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

7. Taxes.

7.1 Parking Host Taxes.

As a Parking 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").

7.2 Tax Information.

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 DIBS Parking may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Parking Spaces to facilitate accurate tax reporting.

8. Reviews.

After each Reservation is complete, Parking Guests and Parking Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our other policies published on our website, www.dibs-parking.com. Reviews are not verified by DIBS Parking for accuracy and may be incorrect or misleading.

9. Content.

Certain parts of the DIBS Parking Platform may allow you to submit or share content such as text, photos, reviews, ratings, messages to support, and other materials ("Content").

You retain ownership of your Content. By submitting Content through the DIBS Parking Platform, you grant DIBS Parking a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and use your Content solely as reasonably necessary to operate, provide, maintain, and improve the DIBS Parking Platform, including to display your Content on listings, receipts, confirmations, and in communications related to your Reservations.

You are solely responsible for the Content you provide and represent and warrant that you own it or have the rights and permissions needed to grant the license above. You agree not to submit Content that is unlawful, infringing, deceptive, discriminatory, obscene, threatening, harassing, or otherwise violates applicable law or the rights of others.

Marketing Use. DIBS Parking will not use your Content for marketing or advertising outside the DIBS Parking Platform (for example, on social media or in paid ads) without your permission, except where the Content is de-identified or aggregated such that it does not identify you.

If your Content includes personal information, we will handle it in accordance with our Privacy Policy.

10. Fees.

DIBS Parking charges fees to Parking Guests and retains commissions from Parking Hosts for the right to use the DIBS Parking Platform and related services. Applicable fees and commissions are disclosed before a Reservation is confirmed (including at checkout for Guests and during onboarding or listing configuration for Hosts).

Payment Processing (Stripe). DIBS Parking uses Stripe to process payments and payouts. Stripe handles payment and payout processing and associated transaction data as part of providing these services. DIBS Parking does not store full credit card numbers or full bank account numbers on its systems, and payment processing is performed through Stripe.

Host Commissions. DIBS Parking retains a commission from Parking Hosts based on the Reservation type:

• Event Parking: fifteen percent (15%) host commission.
• Daily Parking: twenty percent (20%) host commission.
• Semester Parking: twenty percent (20%) host commission.

Guest Fees. Parking Guests may be charged a service fee or processing fee based on the Reservation type:

• Event Parking: fifteen percent (15%) service fee added to the Total Price.
• Daily Parking: a processing fee of 2.9% of the transaction amount plus $0.30 (USD) per booking added to the Total Price.
• Semester Parking: a processing fee of 2.9% of the transaction amount plus $0.30 (USD) per booking added to the Total Price.

Taxes. Taxes (if applicable) may also be added to the Total Price and will be disclosed at checkout.

Changes to Fees. DIBS Parking may change fees or commissions from time to time. Any changes will apply only to future Reservations and will not affect Reservations that have already been confirmed. The fee structure in effect at the time of booking will apply to that Reservation.

Except as otherwise required by applicable law or expressly stated in these Terms, service fees, processing fees, and commissions are non-refundable.

11. Payment Processing by Stripe.

Payment processing services on the DIBS Platform are provided by Stripe, Inc. and your use of payment processing services will be subject to a separate merchant agreement which will be solely between you and Stripe, Inc. You understand and agree that you will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using such payment processing services on the DIBS Platform.

Payments conducted on the DIBS Platform are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement") and subject to certain fees and surcharges communicated to you during the enrollment process and as may be updated by DIBS Parking from time to time. By using the DIBS Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You agree to provide DIBS Parking accurate and complete information about you and your business, and you authorize DIBS Parking to share it and transaction information related to your use of Stripe's services pursuant to our Privacy Policy.

To the extent permitted by law, we may collect any obligations you owe us under this Agreement by deducting the corresponding amounts from funds payable to you arising from the settlement of card transactions. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts are not sufficient to meet your obligations to us, we may charge or debit the bank account or credit card registered in your account for any amounts owed to us. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. In addition to the amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees and convenience fees and other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to DIBS Parking by you. Such communication may be made by DIBS Parking or by anyone on its behalf, including but not limited to a third party collection agent.

12. DIBS Parking Platform Rules.

12.1 Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect
  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Do not engage in direct confrontation. If an issue arises at a Parking Space, contact DIBS Parking support so we can assist with resolution and enforcement.
  • Do not attempt to evade enforcement of these Terms or our Privacy Policy, such as by creating a duplicate account or listings.
  • Do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the DIBS Parking Platform
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the DIBS Parking Platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the DIBS Parking Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the DIBS Parking Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the DIBS Parking Platform.
  • Do not train any AI or LLM models using information available on or through the DIBS Parking Platform.
• Only use the DIBS Parking Platform as authorized by these Terms or another written agreement with us
  • You may only use another Member's personal information as necessary to facilitate a transaction using the DIBS Parking Platform as authorized by these Terms.
  • Do not use the DIBS Parking Platform, our messaging tools, or Members' personal information to send commercial messages without their express consent.
  • You may use Content made available through the DIBS Parking Platform solely as necessary to enable your use of the DIBS Parking Platform as a Parking Guest or Parking Host.
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another written agreement you have with us.
  • Do not request, make, or accept a booking or any payment outside of the DIBS Parking Platform to avoid paying fees, taxes or for any other reason.
  • Do not require or encourage Parking Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by DIBS Parking in writing.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not book Parking Spaces unless you are actually using the Parking Spaces.
  • Do not use, copy, display, mirror or frame the DIBS Parking Platform, any Content, any DIBS Parking branding, or any page layout or design without our consent.
• Honor your legal obligations
  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else's personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms and Privacy Policy.
  • Do not use the name, logo, branding, or trademarks of DIBS Parking or others without permission.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any DIBS Parking trademarks, logos or branding.
  • Do not offer Parking Spaces that violate the laws or agreements that apply to you.

12.2 Reporting Violations.

If you believe that a Member, Parking Space Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting DIBS Parking. In addition, if you believe that a Member, Parking Space Listing or Content has violated our Terms or Privacy Policy, you should report your concerns to DIBS Parking at support@dibs-parking.com. If you reported an issue to local authorities, DIBS Parking may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

12.3 Copyright Notifications.

If you believe that Content on the DIBS Parking Platform infringes copyrights, please notify us at support@dibs-parking.com.

13. Termination, Suspension and other Measures.

13.1 Term.

The agreement between you and DIBS Parking reflected by these Terms is effective when you access the DIBS Parking Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination.

You may terminate this agreement at any time by sending us an email at support@dibs-parking.com or by deleting your account. DIBS Parking 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. DIBS Parking may also terminate this agreement immediately and without notice and stop providing access to the DIBS Parking Platform if you breach these Terms, you violate our Privacy Policy, you violate applicable laws, or we reasonably believe termination is necessary to protect DIBS Parking, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

DIBS Parking reserves the right to change our services, including to add or remove features and functionalities or change the types of Parking Space Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.

13.3 Member Violations.

If (i) you breach these Terms, our Privacy Policy, or any of our other policies on our website, www.dibs-parking.com, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) DIBS Parking believes it is reasonably necessary to protect DIBS Parking, its Members, or third parties; DIBS Parking (or its affiliates) may, with or without prior notice:

13.4 Legal Mandates.

DIBS Parking 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 13.3.

13.5 Effect of Termination.

If you are a Parking Host and terminate your DIBS Parking account, any confirmed booking(s) will be automatically canceled and your Parking Guests will receive a full refund. If you terminate your account as a Parking 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 DIBS Parking Platform has been limited, or your DIBS Parking account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the DIBS Parking Platform through an account of another Member.

13.6 Survival.

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 23.

14. Modification.

DIBS Parking may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the DIBS Parking 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 DIBS Parking Platform, messaging service, or any other contact method made available by us and selected by you, at least 14 days in advance of such revised Terms becoming 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, you will be required to accept the revised Terms prior to your continued access to or use of the DIBS Parking Platform.

15. Resolving Complaints and Damage Reports.

If a Member provides valid evidence that you or anyone in your party have:
(i) damaged the complaining Member's, or the Parking Space owner's (where the Parking Space owner is not also the Parking Host), 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 DIBS Parking Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur costs in excess of the Member's additional fees required under the Reservation (each of (i), (ii), and (iii) being a "Damage Report"),

the complaining Member can notify DIBS Parking. You will be notified of the Damage Report and given an opportunity to respond. If you agree to pay, or if the Damage Report is escalated to DIBS Parking and DIBS Parking determines in its sole discretion that the Damage Report is valid and you are responsible for the Damage Report, DIBS Parking via DIBS Parking Payments can collect the amount of the Damage Report from you. You agree that DIBS Parking may seek to recover from you under any insurance policies you maintain and that DIBS Parking 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 DIBS Parking requests, execute documents, and take further reasonable action, in connection with Damage Reports, Member complaints, claims under insurance policies, or other claims related to your provision or use of Parking Spaces.

16. DIBS Parking's Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Parking Spaces. While we work hard to ensure our Members have great experiences using DIBS Parking, we do not and cannot control the conduct of Parking Guests and Parking Hosts. You acknowledge that DIBS Parking (or its affiliates) has the right, but does not have any obligation, to monitor the use of the DIBS Parking Platform and verify information provided by our Members. For example, we may record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure and improve the DIBS Parking 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 Parking Space Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that DIBS Parking administers its Privacy Policy and other policies published on our website, www.dibs-parking.com, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist DIBS Parking (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 DIBS Parking Platform. DIBS Parking is not acting as an agent for any Member.

17. Member Accounts.

You must register an account to access and use many features of the DIBS Parking 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 DIBS Parking 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 DIBS Parking 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.

18. Disclaimer of Warranties.

The DIBS Parking Platform and all Content are provided “as is” without warranty of any kind and DIBS Parking (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 Parking Guest, Parking Host, Parking Space, Parking Space Listing or third party; (ii) we do not warrant the performance or non-interruption of the DIBS Parking Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Parking Space Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Parking Space Listing being "verified" (or similar language) indicate only that the Member or Parking Space Listing or DIBS Parking (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 DIBS Parking (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.

19. Limitations on Liability.

Neither DIBS Parking (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the DIBS Parking 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 DIBS Parking 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 DIBS Parking Platform, or (iv) publishing or booking of a Parking Space Listing, including the provision or use of Parking Spaces, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DIBS Parking 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 Parking Hosts under these Terms, in no event will DIBS Parking'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 DIBS Parking Platform, any Content, or any Parking Space, exceed: (A) to Parking Guests, the amount you paid as a Parking Guest during the 12-month period prior to the event giving rise to the liability, (B) to Parking Hosts, the amount paid to you as a Parking 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$100).
These limitations of liability and damages are fundamental elements of the agreement between you and DIBS Parking. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

20. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at DIBS Parking's option), indemnify, and hold DIBS Parking (including 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 Privacy Policy or any other policies published on our website, www.dibs-parking.com, (ii) your improper use of the DIBS Parking Platform, (iii) your interaction with any Member, use of a Parking Space, 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, 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. You agree to indemnify and hold DIBS Parking (including affiliates, and their personnel) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of the extent to which such claims are alleged to arise from DIBS Parking's ordinary negligence, except where prohibited by applicable law.

21. Governing Law and Venue.

These Terms will be interpreted in accordance with the laws of the State of Delaware, 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 Miami, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Miami, Florida.

22. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND DIBS PARKING AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

22.1 Overview of Dispute Resolution Process.

DIBS Parking 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 DIBS Parking’s customer service team (described in paragraph 22.2, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and DIBS Parking each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

22.2 Mandatory Pre-Arbitration Dispute Resolution and Notification.

At least 30 days prior to initiating an arbitration, you and DIBS Parking 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 DIBS Parking by mailing it to DIBS Parking's corporate address: 1430 NW 200th Street, Miami Gardens, Florida 33169. DIBS Parking will send its Pre-Dispute Notice to the email address associated with your DIBS Parking account. A Pre-Dispute Notice must include: the date, your name, mailing address, your DIBS Parking username, the email address you used to set up your DIBS Parking 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 22.5, 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.

22.3 Agreement to Arbitrate; Delegation.

You and DIBS Parking 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 DIBS Parking Platform, Parking Spaces, 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 DIBS Parking agree that an arbitrator will decide that issue. For the avoidance of doubt, you and DIBS Parking 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.

22.4 Exceptions to Arbitration Agreement.

You and DIBS Parking 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 (as defined by Section 21): (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 DIBS Parking Platform or Parking Spaces. You and DIBS Parking agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

22.5 Arbitration Forum Rules and Governing Law.

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 the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA's Consumer Arbitration Rules (the “AAA 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 DIBS Parking shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or DIBS Parking may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

22.6 Modification of Arbitration Rules - Arbitration Hearing/Location.

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 Miami-Dade 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, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.

22.7 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.

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, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), 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 concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys' fees and costs.

22.8 Arbitrator's Decision.

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 AAA 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.

22.9 Jury Trial Waiver.

You and DIBS Parking acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

22.10 No Class Actions or Representative Proceedings.

You and DIBS Parking 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. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

22.11 Mass Action Waiver.

You and DIBS Parking 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 DIBS Parking agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 21 and 22.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or DIBS Parking from participating in a mass settlement of claims.

22.12 Modification of Arbitration Rules - Mass Action Batching Requirements.

If for any reason, 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)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the foregoing, 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.

22.13 Modifications of Arbitration Rules - Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, you or DIBS Parking 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 (including all fees paid to the arbitration provider). 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 (including all fees paid to the arbitration provider) from the time of the offer.

22.14 Severability.

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.

22.15 Amendment to Agreement to Arbitrate.

If DIBS Parking 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 DIBS Parking username, the email address you used to set up your DIBS Parking account, your signature, and an unequivocal statement that you want to opt out of the amended Section 22. You must mail your notice to this address: 1430 NW 200th Street, Miami Gardens, Florida 33169, Attn: Arbitration Opt-Out. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and DIBS Parking (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and DIBS Parking.

22.16 Survival.

Except as provided in Section 22.12 and subject to Section 13.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the DIBS Parking Platform or terminate your DIBS Parking account.

23. Miscellaneous.

23.1 Interpreting these Terms.

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 DIBS Parking and you pertaining to your access to or use of the DIBS Parking Platform and supersede any and all prior oral or written understandings or agreements between DIBS Parking and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and DIBS Parking. 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.”

23.2 No Waiver.

DIBS Parking'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.

23.3 Assignment.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without DIBS Parking's prior written consent. DIBS Parking may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

23.4 Notice.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by DIBS Parking via email, DIBS Parking Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.

23.5 Third-Party Services.

The DIBS Parking Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. DIBS Parking is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

23.6 Google Terms.

Some translations on the DIBS Parking 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 DIBS Parking 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.

23.7 Apple Terms.

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

23.8 Platform Content.

Content made available through the DIBS Parking 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 DIBS Parking 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 DIBS Parking 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, DIBS Parking grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the DIBS Parking Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the DIBS Parking Platform and accessible to you, solely for your personal and non-commercial use.

23.9 Force Majeure.

DIBS Parking 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.

23.10 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your DIBS Parking 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 an DIBS Parking account. If you consent to receive SMS (text messages) from us, you are subject to the following terms:

For text messaging, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opt In”) or using an DIBS Parking arrangement in which DIBS Parking sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept and understand that we will handle your personal information as described in our Privacy Policy, and agree to resolve disputes with DIBS Parking as described in these Terms. Message frequency varies and user account preferences can be used to opt out.

DIBS Parking will use reasonable commercial efforts to deliver automated text messages to the mobile number you provide. DIBS Parking and the wireless carriers are not liable for delayed or undelivered messages.

By Opting In to a Text Message Service:
You expressly authorize DIBS Parking to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt In. You also authorize DIBS Parking to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
You consent to the use of an electronic record to document your Opt In. To withdraw that consent, reply STOP, contact us via the methods described in the Contact Us section of these Terms, or visit the Notification page in your account settings. If you withdraw your consent, certain features of our service may not be available to you.
You confirm that you are the current subscriber to the Opted In mobile phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

23.12 Contact Us.

If you have any questions about these Terms please email us at support@dibs-parking.com.