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 like the event venue, event date, and number of Parking Spaces needed. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, and cancellation history, popularity, previous Reservations and saved Parking Space Listings, and more.

1.2 Booking.

When you book a Parking Space Listing, you are agreeing to pay all charges for your booking including the Parking Space Listing price, applicable fees like DIBS Parking's service fee, taxes, and any other items identified during checkout (collectively, "Total Price") at the time of booking a Reservation. The Total Price at the time of booking your Reservation may not be modified after booking. You are also agreeing that DIBS Parking may charge the credit card, debit card, or digital wallet ("Payment Method") used to book the Parking Space Listing in order to collect Damage Report amounts.

When you receive the booking confirmation, a contract for a Parking Space (a "Reservation") is formed directly between you and the Parking Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, any other rules, standards, policies, or requirements identified in the Parking Space Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Parking Space Listing.

1.3 Parking Space Reservations.

A Parking Space Reservation is a limited license to enter, occupy, and use the Parking Space. If you stay past the allotted time for the Reservation, the Parking Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties or towing your vehicle at your expense. DIBS Parking also applies an overstay fee if you remain past the allotted time of your Reservation. You will have a 1 hour grace period from the end time of your Reservation to retrieve your car and leave the Parking Host's Parking Space and property, after which, your Parking Host may tow your vehicle at your expense and, for each hour that you stay past the end time of your Reservation beyond the 1 hour grace period, you will be charged a penalty of $10 per hour up to a maximum overstay fee of $50.

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

2.1 Cancellations, Reservation Issues, and Refunds.

If you cancel a Reservation 48 hours or more in advance of the Reservation, DIBS Parking will provide you a full refund for your Reservation. If you cancel a Reservation less than 48 hours in advance of the Reservation but prior to the date of the Reservation, we may issue you a partial refund. We will not issue any refunds for cancellations the day of a Reservation. Further, all refunds for cancellations shall deduct the cost of payment processing incurred by DIBS Parking.

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 attending the event ("Extenuating Circumstances"), you may be eligible for a full refund. In the event of a refund for a cancellation due to Extenuating Circumstances, DIBS Parking will issue to you a full refund including the payment processing fees. This refund will be processed within 3-10 business days and will be refunded to your original payment method. If the Parking Host cancels, you may be eligible for rebooking assistance or credits to your DIBS Parking account. You may request assistance from DIBS Parking by contacting our customer service at support@dibs-parking.com or 1 (754) 273-5760. 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.

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. You are not responsible for the acts and omissions of anyone who you have contracted with through DIBS Parking for the provision of Parking Spaces.

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.

4. Parking Host Terms.

4.1 Hosting on DIBS Parking.

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 vibrant 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 - set your price, availability, and rules for each Parking Space Listing. As a Parking Host, you can change the price for your Parking Space Listings up to the time of an event 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. You are also agreeing to pay applicable fees like DIBS Parking's service fee (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 will be made within 3 business days from the completion of a Reservation, subject to deductions for service fees, refunds, and other adjustments as outlined in these Terms to your DIBS Parking account. Until the funds from payouts are transferable to your bank account, the payouts will be denoted in your DIBS Parking account as "pending". When the funds are no longer "pending" in your DIBS Parking account, you will be able to transfer the funds to your linked bank account no more frequently than every 7 days. To transfer funds from your DIBS Parking account to your designated bank account, go into your DIBS Parking account and click the "transfer funds" to initiate the transfer. Funds will be transferred to your designated bank account by ACH and are subject to your bank's transaction clearing and settlement times.

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.

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. 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. 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 1 hour grace period from the end time of the Reservation and 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 or by phone at 1 (754) 273-5760. You are responsible for setting your price and establishing rules and requirements for your Parking Space Listing. 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.

6. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues.

In general, if a Parking Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy outlined in these Terms. As a Parking Host, you should not cancel on a Parking Guest without a valid reason, for example, government declared public health emergencies, government restrictions, military actions and other hostilities, large-scale outages of essential utilities, and natural disasters. If you cancel on a Parking Guest without such a valid reason, we may impose a cancellation fee and other consequences. If you cancel between 3 days before a Reservation to 24 hours before a Reservation, you will receive a warning from DIBS Parking and your rating on the DIBS Parking Platform will be impacted. If you cancel less than 24 hours before a Reservation, you will be charged a $15 cancellation fee. If a Reservation is canceled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Parking Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Parking Guest receives a refund or credit after you have already been paid, or the amount of the refund and other costs incurred by DIBS Parking exceeds your payout, DIBS Parking may recover that amount from you, including by deducting the refund against your future payouts. You agree that DIBS Parking's Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Parking Guests. If we reasonably expect to provide a refund or credit to a Parking Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.

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.

Parts of the DIBS Parking Platform enable you to provide, share, or communicate feedback, text, photos, audio, video, information, and other content ("Content"). By providing Content, in whatever form and through whatever means, you grant DIBS Parking a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such Content to provide and/or promote the DIBS Parking Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where DIBS Parking (including its affiliates) pays for the creation of Content or facilitates its creation, DIBS Parking (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant DIBS Parking (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Our policy is to prohibit Content which is, among other things, discriminatory, obscene, harassing, deceptive, violent, and/or illegal content. You agree that DIBS Parking may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. DIBS Parking does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

10. Fees.

DIBS Parking charges service fees to Parking Hosts and Parking Guests for the right to use the DIBS Parking Platform. Any applicable Parking Guest fees are disclosed to Parking Guests before making a Booking at the then current service fee rate for Parking Guests. Parking Host fees are currently 3% of the total payment amount for a booking. Except as otherwise provided on the DIBS Parking Platform, service fees are non-refundable. DIBS Parking reserves the right to change any and all service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.

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 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 to 1 (754) 273- 5760 or 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 22.

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 DIBS Parking's responsibility for negligence and howsoever the same may be caused.

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 22.3, 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 22.6, below. A claimant's Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

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 22): (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, notwithstanding Section 22.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants' alphabetically (by last name or business name, as applicable)—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.