THIS AGREEMENT IS SUBJECT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT 15-48-10 ET. SEQ. OF THE 1976 SOUTH CAROLINA CODE OF LAW, AS AMENDED
You must read these terms of service ("terms", "terms of service") carefully before using Dibs on Park Website or DIBS Application (the "service") operated by Dibs on Park LLC (Dibs).
Dibs shall provide its services to you, which are subject to the conditions stated below in this document. Every time you visit this Mobile Application and use its services you accept the following conditions. This is why you must affirm you have read same.
If user violates these guidelines, Dibs may, at any time, terminate the offer of these Services in their entirety or any part thereof, temporarily or permanently, at Dibs sole discretion.
With the use of the DIBS Service and your participation in the Parking Service, you agree that you shall not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the DIBS Service or the servers or networks connected to the DIBS Service;
e. post Information or interact on the DIBS Service in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
f. use the DIBS Service in any way that infringes any third party's rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the DIBS Service or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the DIBS Service;
i. "frame" or "minor" any part of the DIBS Service, without Dibs’ prior written authorization or use meta tags or code or other devices containing any reference to Dibs in order to direct any person to any other web site for any purpose;
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the DIBS Service;
k. rent, lease, lend, sell, redistribute, license or sublicense the DIBS Service or access to any portion of the DIBS Service;
1. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the DIBS Service or its contents;
m. link directly or indirectly to any other web sites;
n. transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
o. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
p. cause any third party to engage in the restricted activities above.
Please remember DIBS Service is only as safe as your community. Keep your community safe, be respectful to each other, and obey the law.
Before you continue using our Service you must read our privacy policy [dibsonpark.com] regarding our user data collection. It will help you better understand our practices.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Dibs and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Dibs, with copyright authorship for this compilation by Dibs.
The entire communication with Dibs is electronic. Every time you send us an email or visit our website, you are going to be communicating with Dibs. You hereby consent to receive communications from Dibs. If you subscribe to the news on our website, you are going to receive regular emails from Dibs. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
DIBS is available on mobile devices. Do not use DIBS in a way that distracts you or prevents you from obeying traffic or safety laws.
Please be considerate when using DIBS. When you schedule a Ride in exchange for a parking space with another DIBS user, you are committing to meet that user at a specified location at a certain time and agreeing to exchange Ride in exchange for a parking space with that user, so be sure you want to exchange Ride for a parking space before requesting or accepting it, and make best efforts to be at the meeting point on time.
You can cancel a transaction, but it may affect your ability to exchange a Ride for a parking space in the future.
If you are exchanging a Ride for a parking space on DIBS Service, you must:
You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, credentials, regulated status or professional standing when using DIBS Service. You agree to comply with all applicable laws and regulations in the jurisdictions in which you provide or offer to provide Rides. If your offer or provision of a Ride requires a license or other regulatory approval, you must first obtain that license or approval and remain in good standing before offering or providing the Ride.
DIBS Service may not display your Ride offers to DIBS Services users in certain cases, including when DIBS Services finds them in breach of the DIBS Service Terms, policies or applicable law.
Although Dibs may in some instances attempt to verify certain information provided by Drivers, Dibs has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Driver.
The following information may be visible to other users of DIBS to help connect you with Drivers and other Riders:
In addition, while you are en route to pick up a Rider and for the duration of each Ride, DIBS will share your current location and your estimated time of arrival at the agreed pickup location with the applicable Rider.
By visiting this website, you agree that the laws of the South Carolina, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Dibs and you, or its business partners and associates.
Any dispute related in any way to your visit to this website or to products you purchase from Dibs shall be arbitrated in accordance with the South Carolina Uniform Arbitration Act (Section 15-48-10 et seq. of the 1976 South Carolina Code of Laws, as amended).
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from Dibs.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion.
The following disclaimers are made of behalf of Dibs, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of Dibs will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Dibs Platform will be corrected, or that Dibs Platform is free of viruses or other harmful components. We disclaim liability for no, and no warranty is made with respect to, connectivity and availability of the Dibs Platform or its Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Dibs Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use of access of the Dibs Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Dibs is not responsible for the conduct, whether online or offline, of any User of the Dibs Platform or its Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Dibs Platform and participating in its Services, you agree to accept such risks and agree that Dibs is not responsible for the acts or omissions of Users on the Dibs Platform or participating in the Dibs Services.
You are responsible for the use of your User account and Dibs expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account, or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Dibs Platform (including any profile information you provide), send to other Users, or share during the Dibs Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Dibs Platform or through the Dibs Services. Please carefully select the type of information that you post on the Dibs Platform or through the Dibs Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advise, statements, offers, or other information or content concerning Dibs or made available through the Dibs Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Dibs Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Dibs Platform and remove any such material that in our sole opinion violates, or is illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Dibs Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Dibs, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Dibs Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Dibs Platform may be accessible to Dibs and certain Users of the Dibs Platform.
Dibs advises you to use the Dibs Platform with a data plan with unlimited or very high data usage limits, and Dibs shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Dibs Platform.
This paragraph applies to any version of the Dibs Platform that you acquire from the Apple App Store and Google Play. This Agreement is entered into between you and Dibs. Apple, Inc and Google Play are not parties to this Agreement and shall have no obligations with respect to the Dibs Platform. Dibs, not Apple and/or Google Play, is solely responsible for the Dibs Platform and the content thereof as set forth hereunder. However, Apple, Google Play and Apple and Google Play subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and Google Play shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at the appropriate website.
You will defend, indemnify, and hold Dibs including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Dibs Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Dibs Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
In no event will Dibs, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively "Dibs” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Dibs platform, service interrupting, or for the cost of procurement of substitute services) arising out of or in connection with the Dibs Platform, the Rideshare Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Dibs Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that Dibs has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days prior written notice to Dibs; or b) by either Party immediately, without notice, upon the other Party's material breach of this Agreement. In addition, Dibs may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Dib’s star rating or cancellation threshold; (3) Dibs has a good faith belief that such action is necessary to protect the safety of Dibs community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Dibs reasonable satisfaction prior to Dibs permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If a breach is cured in a timely manner and to Dib’s satisfaction, this Agreement will not be permanently terminated. Sections with respect to the license shall survive any termination or expiration of this Agreement.