Terms of Service
User Agreement, Waiver, and Release of Liability
Effective Date: January 1, 2025
This legally binding Agreement ("Agreement") is entered into by and among Driveway CnC LLC, a limited liability company organized under the laws of the State of Delaware ("Company"), any individual or entity listing driveway space on the Platform ("Host"), and any individual or entity reserving such driveway space through the Platform ("Renter"). This Agreement governs access to and use of the services and software made available via the Company's website and/or mobile application (collectively, the "Platform").
1. Parties
- Company: Driveway CnC LLC, operator of the Platform.
- Host: A property owner or lawful possessor who lists a driveway on the Platform.
- Renter: A user who books a driveway through the Platform.
- Stripe Entities: Stripe, Inc. and Stripe Payments Company (collectively, "Stripe"), which provide third-party payment processing services.
2. Purpose
The Platform functions solely as a neutral technology intermediary facilitating connections between Hosts and Renters for the temporary use of private driveway space for parking, EV charging, and short rest. The Company neither owns, leases, operates, maintains, nor controls the listed properties.
3. Host Obligations
- Host represents and warrants they possess lawful title or authorization to list the driveway.
- Host shall comply with all applicable federal, state, and local laws, ordinances, zoning codes, and homeowners' association rules.
- Host assumes full responsibility for the condition, safety, and legality of the driveway.
- If EV charging stations are offered, Host must ensure they comply with applicable safety and utility regulations.
4. Renter Obligations
- Renter shall use the space solely for the purpose of temporary parking, EV charging, and short rest, and not for dwelling or residential occupancy unless explicitly permitted by the Host.
- Renter shall maintain active and valid automobile insurance, including general liability coverage.
- Renter agrees to leave the driveway in a clean, undamaged, and litter-free condition. Disposal of trash, food, bodily waste, or any other refuse is strictly prohibited.
- Renter shall follow all Host-posted rules and local laws and shall not engage in conduct that constitutes a public nuisance or violation of law.
5. Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to:
- Personal injury or death;
- Property loss or damage;
- Theft, vandalism, or illegal activity;
- Issues related to the condition or legality of the driveway;
- Disputes between Host and Renter.
6. Indemnification
Each User agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, members, employees, contractors, agents, successors, and assigns from any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with:
- Any breach of this Agreement;
- Any violation of law;
- Any dispute or transaction with a third party;
- Any content submitted to the Platform;
- Any use of a driveway listed or reserved via the Platform.
7. Dispute Resolution Between Users
The Company does not act as an arbitrator, mediator, or legal representative for Hosts or Renters in any dispute. Users agree that all disputes arising out of driveway use shall be resolved directly between the Host and Renter.
8. Insurance
- Hosts are strongly encouraged to maintain homeowners', umbrella, or business liability coverage.
- Renters are required to maintain automobile liability insurance consistent with state minimum requirements.
9. Payment Terms
- The Company utilizes Stripe to facilitate all payments.
- The Company does not hold, manage, or transmit funds directly.
- The Company shall not be liable for any errors, delays, interruptions, failures, or chargebacks relating to Stripe's services.
- Service fees paid to the Company are non-refundable.
10. Stripe Liability Disclaimer
- Users expressly acknowledge and agree that all financial transactions are governed by Stripe's Connected Account Agreement and Services Agreement.
- Users shall resolve all payment disputes directly with Stripe and agree to hold the Company harmless from all liabilities, costs, and damages arising from Stripe's processing, compliance, account holds, or payout practices.
11. Compliance and Accurate Information
Users represent and warrant that:
- All information provided is true, complete, and up to date.
- They will not use the Platform for unlawful purposes.
- They will not provide false identity or impersonate others.
- They understand that violation of this provision may result in account termination.
12. Termination
The Company reserves the right to suspend or permanently terminate any account or user access at its sole discretion for reasons including, but not limited to:
- Illegal activity;
- Repeated complaints;
- Breach of this Agreement;
- Any conduct deemed by the Company to be unsafe, abusive, or damaging to its reputation.
13. Waiver of Claims
To the fullest extent permitted by law, Users hereby waive any and all rights to recover damages or bring claims against the Company in relation to:
- Personal injury;
- Property damage;
- Loss of earnings or opportunities;
- Any consequences arising from the use of driveways or the Platform.
14. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. Any dispute shall be submitted to the exclusive jurisdiction of the courts of the State of Delaware.
BY USING THE PLATFORM, THE USER AFFIRMS THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT.
Contact Information
For questions about these Terms of Service, please contact us at:
Email: service@parknchargeplus.app
Driveway CnC LLC
131 Continental Dr St. 305 Newark DE 19713