Effective Date: December 13, 2024
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE PARAGRAPH 18 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT TO CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH PARAGRAPH 18(i). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The following are the Terms and Conditions (“Terms”) of a legal agreement between you and Elegant Rent A Car, Inc., a Florida based company d/b/a Drive and Park (“Drive and Park US,” “we,” “us” or “our”). These Terms apply to the website located at www.orlandoparking.com and any other websites operated by us that may link to these Terms (the “Website”), any of our mobile apps that link to these Terms (the “App”), as well as use of Drive and Park’s parking reservation, on-airport valet services and other parking and car care services, and parking lot and ground transportation services offered through the Website and App (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Website or App shall be subject to these Terms. We reserve the right to provide you with operating rules or additional terms that may govern your use of the Website, App or Services generally, unique parts of the Website, App or Services, or both including Reservation Terms and Conditions. Any Additional Terms that we provide to you are hereby incorporated by reference into these Terms. Unless otherwise specified, to the extent any Additional Terms conflict with these Terms, the Additional Terms will control. By accessing, downloading and/or using the Website or App, you acknowledge that you have read, understood and agree to be bound by these Terms and you agree to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE CHECKBOX FOR RESERVATIONS . Drive and Park reserves the right to change these Terms at any time without notice.
The material provided on the Website and App is protected by law, including but not limited to United States copyright and trademark law and international treaties. The Website and App are controlled and operated by Drive and Park from servers located within the United States. Drive and Park makes no representation that the Website or its content, the App or its content, or the Services are appropriate or available for use in locations other than the United States, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. If you choose to access the Website or App from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with all applicable local laws. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website or App is void where prohibited.
1. Changes to Website, App and Terms. We may update these Terms from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website and/or App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website and/or App. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE AND APP TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE AND APP. YOUR CONTINUED USE OF THE WEBSITE OR APP SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THE UPDATED TERMS. Drive and Park expressly reserves the right to make any changes to the Terms, to the Website and its content, or the App and its content, at any time, without prior notice to you. Such changes, updates, or amendments shall not serve to constitute a default or termination by Drive and Park of these Terms.
2. Privacy Policy and Special Consent to Data Collection. In addition to these Terms, we have established a Privacy Policy to explain how we collect, use, disclose and secure personal information collected from or about you through our Website and App. A copy of this Privacy Policy can be found at https://www.orlandoparking.com/terms-conditions and is incorporated by reference into these Terms. By accessing, using or downloading the Website or App, you are also signifying your acknowledgement and agreement to that Privacy Policy.
By activating our digital app, clicking on the link to this Website, or being actively redirected to this Website or Services via any of our digital partners you acknowledge and expressly consent to our use and our digital partners’ of standard internet data collection, processing and marketing practices that includes the use any number of tools, including analytic data collection technologies, chatbots, session replay technologies, identity graphing, web beacons, pixel-based technologies, and other similar technologies to collect information about your use of the Services. The information we collect includes without limitation, device information including identifiers, access point information, website usage information, computer operating systems, IP addresses, the web browser that you use to connect to our Website and Service. With your consent and acknowledgment you expressly agree to waive any and all claims against us or our digital partners under state eavesdropping or pen register and/or trap and trace laws, or any similar laws related to pen register and/or trap and trace devices or processes to the extent such claims arise from standard digital operations. If you cannot accept these terms, or if you wish to withdraw your consent, you may not use our Website or Digital Services, and in either case your continued use of Services revives your consent.
3. Eligibility. Your right to use the Website, App and Services is contingent upon your compliance with these Terms including any relevant Additional Terms (defined below). The Website, App and Services are made available to users 18 years of age or older. If you are under 18 years old, do not use, access or download the Website, App or Services.
4. Registration and Account Security. The Website and App may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, App or Services, but may not be able to access some content or use certain services without registration. .
You acknowledge, consent and agree that Drive and Park may access, preserve and disclose your Account and user information as set forth in our Privacy Policy, including without limitation if required to do so by law or in a good faith belief that such access, perseveration, or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any content violates the rights of third parties; (d) to respond to your requests for customer service; (e) to protect the rights, property, or personal safety of Drive and Park, its users and/or the public; or (f) to investigate actual or alleged claims against us or our users.
5. Parking Services.
(a) Reservations. You may make a reservation on the Website or an App to self-park at Drive and Park’s parking facility which you designate when making such reservation (the “Facility”), or to bring your vehicle to a Facility to valet park your vehicle in the location selected by Drive and Park at the Facility. All other reservations are subject to the Reservation Fee indicated on the Website or App (“Reservation Fee”). In consideration of your payment to Drive and Park of the Reservation Fee in the amount indicated on the Website or App , Drive and Park agrees to make available to you one (1) vehicle parking space at the Facility, or, if you valet park your vehicle, one (1) vehicle parking space selected by Drive and Park at the Facility (as applicable, a “Vehicle Parking Space”) commencing at the Check-In Date/Time which you designated on the Website or App when making such reservation (the “Designated Check-In Time”) on the terms and conditions provided herein and/or Additional Terms(where applicable), but only if you arrive at the Facility at the Designated Check-In Time. We do not guarantee that a particular parking space, product type or service level will be available. You acknowledge that the Reservation Fee constitutes consideration for the right to make such reservation only, and shall not be credited toward the fee which is payable for the use of a Vehicle Parking Space, or any other applicable fees or charges associated with the parking of a vehicle in a Vehicle Parking Space.
(b) Payment of Reservation Fee. As full and complete payment of the Reservation Fee, you hereby authorize and direct Drive and Park to process a charge in the amount of the Reservation Fee to the credit card in your name which you designated on the Website or App when making the associated reservation, and you hereby represent to Drive and Park that you are authorized to use such credit card for such purpose. The Reservation Fee is non-refundable except in accordance with the cancellation policy set forth in Paragraph 5(c) below or the issuance of a Guarantee Policy Pass, as set forth in Paragraph 5(f) below.
(c) Cancellation Policy. You may cancel your parking reservation by following the procedures described on the Website or App for the cancellation of a reservation, provided that such cancellation is received by Drive and Park by means of the Website or App prior to the Designated Check-In Time. In the event of any such timely cancellation of a reservation, the Reservation Fee will be refunded to you in the form of a credit issued to the credit card that you used to make the reservation.
(d) Grant of License. Upon your arrival and check-in at the Facility at the Designated Check-In Time, you shall be deemed to have been granted a license to self-park and lock one (1) vehicle in the applicable designated area of the Facility, or, if you valet park your vehicle, in the location selected by Drive and Park at the Facility, at your sole risk and at posted rates for a period, not to exceed thirty (30) days, commencing upon your arrival at the Facility (the “Actual Check-In Time”). Only a license is granted hereby, and to the fullest extent permissible under applicable law, you acknowledge and agree that (i) no lease, bailment or bailee custody is intended or shall be created, (ii) Drive and Park does not become an insurer, (iii) Drive and Park does not guard or assume care, custody or control of your vehicle or its contents, (iv) Drive and Park shall not be liable for (A) fire, theft, loss or damage to the vehicle, (B) mechanical malfunction, (C) fire, theft, loss or damage to any personal property or article left in the vehicle, (D) damage or loss caused by criminal acts by third parties, or (E) incidental or consequential damages, and (v) you assume full responsibility for any personal injuries that may occur while the vehicle is parked at the Facility. You further acknowledge and agree that if your vehicle is left at the Facility for more than thirty (30) days after the Actual Check-In Time (or longer than thirty (30) days as the Facility Manager may authorize), then such vehicle and its contents may be impounded at your expense and sold for expenses and storage fees. No employee or other representative of Drive and Park may modify or waive any of the terms of these Terms (other than Facility Manager’s limited right to permit vehicles to remain over thirty (30) days).
(e) Payment of Parking Fees. You agree that, in consideration of the license granted in Paragraph 5(d) above, you shall pay Drive and Park a parking fee calculated by reference to the parking rates posted at the Facility at the Actual Check-In Time.
(f) Unavailability. In the unlikely event that you arrive at the Facility at the Designated Check-In Time and no Vehicle Parking Space is then available for your use and you paid a Reservation Fee when making the associated reservation, the Reservation Fee will be refunded to you by the issuance of a credit to the credit card which you used to make the associated reservation, subject only to the condition that you shall have delivered to Drive and Park, within one hundred eighty (180) days following the Designated Check-In Time, a written request therefor together with reasonable evidence of such reservation and such unavailability, as determined in our sole discretion.
6. Customer Surveys After Transactions. Drive and Park may, in its discretion from time to time, and subject to your permission to receive marketing emails, send or cause to be sent to you a customer satisfaction survey after you transact with Drive and Park. You may also submit a customer satisfaction survey to us on your own volition. Any information provided by you in that customer satisfaction survey shall be subject to the specific terms, conditions and privacy policy set forth therein and may be used by Drive and Park for reasonable business purposes. By completing and submitting a survey, you agree to accept these Drive and Park Terms and Conditions.
7. User Restrictions. You may access, download and use the Website and App only for your personal, non-commercial use. Any other access to or use of the Website or App constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. The copyrights in all materials provided on the Website and App are held by Drive and Park or by the original creator of such materials. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit or otherwise exploit the Website or App or any of their respective content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, or interactive features (collectively, the “Website and App Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained on the Website, App or any Website and App Content. Permission is granted to you to display, copy, distribute and download the Website and App Content for personal, non-commercial use only, provided that you do not modify the Website and App Content and that you retain all copyright and other proprietary notices contained in Website and App Content. This permission terminates automatically if you breach any of these Terms. Upon termination of this permission, you must immediately destroy any downloaded and printed Website and App Content. You also may not, without Drive and Park’s permission, “mirror” any Website and App Content. Any unauthorized use of any Website and App Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You also acknowledge that you do not acquire any ownership rights by downloading or printing any Website and App Content.
Furthermore, you may not:
8. User Content. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website or App (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website or App. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website, App or Services will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation in connection with our business and the business of our parent, subsidiaries, related companies and controlled affiliates and other related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website, the App and these Terms.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographic location in connection with the broadcast, print, online, or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
9. Trademarks. All trademarks, service marks and trade names used on the Website and App are proprietary to Drive and Park or other respective owners that have granted Drive and Park the right and license to use such trademarks, service marks and trade names, and are protected by U.S. and international trademark laws. These trademarks, service marks and trade names include, without limitation, the following: Drive and Park™ and the other logos of Drive and Park. No user of the Website or App is granted any rights in or to such trademarks, service marks or trade names, and all rights in and to such marks and designations are reserved by Drive and Park and/or their respective owners.
10. Links. The Website or App may include links to or advertising for websites, apps or content maintained by third parties. Because neither Drive and Park nor it parents, subsidiaries, related companies or controlled affiliates operate or control any information, products or services available on these third-party websites, apps or advertisements, you acknowledge and agree that Drive and Park is not responsible or liable for any content, advertising, products or other materials on or available from such websites, apps or advertisements. You further acknowledge and agree that Drive and Park shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
11. Termination. You agree that Drive and Park may suspend or terminate your access to all or part of the Website, the App and Services, in its sole and absolute discretion and without notice or liability to you or any third party, for any reason or for no reason (“Termination”), including without limitation: (a) if we determine that you failed to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements or guidelines; (b) in response to requests by law enforcement or government agencies; (c) at your request (i.e., self-initiated Account deletions); (d) in connection with the discontinuance or material modification of the Website, the App or Services (or any part thereof); (e) in connection with unexpected technical or security issues or problems; or (f) following extended periods of inactivity. Termination of your access and/or Account(s) may include: (i) removal of access to all offerings within the Website’s and App’s Restricted Areas; (ii) at Drive and Park’s sole discretion, the deletion of all of your Account information and other content associated with your Account (or any part thereof); and (iii) barring further use of the Website’s and App’s Restricted Areas.
Any Termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or Termination of your access to or use of the Website, App, your Account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.
12. Indemnity. You agree to indemnify, defend, and hold Drive and Park and its parent, subsidiaries, related companies and controlled affiliates, and each of their respective members, officers, directors, employees, agents, partners, licensors, service providers, strategic partners, and distribution partners (collectively, the “Indemnified Entities”), harmless from all third-party claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of the Website, App or Services; (b) any transaction resulting from use of the Website, App or Services or your connection to the Website or App; (c) your actual or alleged breach of any of the representations, warranties, covenants, or provisions of these Terms, any Additional Terms, or any applicable law or regulation; (d) your submission, posting, or transmission of personally identifiable information or other data to the Website or App; (e) your violation of any rights of another; or (f) your other acts and omissions.
13. Artificial Intelligence Disclosure.
ARTIFICIAL INTELLIGENCE DISCLOSURE AND DISCLAIMER. THE SERVICES AVAILABLE ON THIS PLATFORM MAY RELY ON TECHNOLOGY SOLUTIONS THAT ENABLE COMPUTERS, COMPUTER SYSTEMS, AND DIGITAL DEVICES TO PROCESS, CREATE, AND ENHANCE ALGORITHMS THAT LEARN, READ, WRITE, CATEGORIZE, CLASSIFY, PREDICT, ENGAGE, INTERACT, GENERATE, PLAY, ANALYZE, MAKE RECOMMENDATIONS, AND IMITATE WITH APPARENT ACCURACY AND/OR SUGGESTIVE SUPERIORITY. THE OUTPUT REPRESENTING THESE ACTIVITIES ARE MADE TO APPEAR COMPARABLE TO HUMANS PERFORMING SIMILAR TASKS OR SERVICES BY ACCESSING AND PROCESSING AVAILABLE HISTORICAL AND CURRENT DATA AND RE-ITERATIVE PROCESSING FOR PURPOSES OF PRODUCING AND IMPROVING SUCH ACTIVITIES, OUTPUTS, AND APPARENCIES (“AI”).
YOU ACKNOWLEDGE THAT INDUSTRY, REGULATORY, AND LEGAL STANDARDS THAT RELATE TO THE DEVELOPMENT AND USE OF AI ACROSS VARIOUS INDUSTRIES ARE IN VARIOUS STAGES OF DEVELOPMENT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF AI-BASED PRODUCTS AND SERVICES COMPLY WITH YOUR ASSESSMENT OF YOUR BUSINESS RISKS, BUSINESS OBJECTIVES, INDUSTRY STANDARDS, COMPLIANCE REQUIREMENTS, AND OTHER OBLIGATIONS RELATED TO THE USE OF AI. YOU AGREE TO FULLY INDEMNIFY AND HOLD THE TPS PARTIES HARMLESS FROM AND AGAINST ANY AND ALL MATTERS RELATED TO YOUR NON-COMPLIANCE WITH SUCH INDUSTRY STANDARDS, COMPLIANCE REQUIREMENTS, OR OBLIGATIONS.
YOU ACKNOWLEDGE THAT TPS PARTIES ARE NOT RESPONSIBLE FOR YOUR RELIANCE ON AI-BASED PRODUCTS AND SERVICES, AND YOU WAIVE ALL CAUSES OF ACTION, CLAIMS, AND/OR POTENTIAL CLAIMS AGAINST THE TPS PARTIES THAT MAY ARISE FROM YOUR USE OF OR RELIANCE ON ANY OF OUR AI-BASED PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT TPS MAY IMMEDIATELY AND WITHOUT PRIOR NOTICE CEASE PROVIDING AI-BASED PRODUCTS AND SERVICES WITHOUT PENALTY OR FURTHER OBLIGATION TO YOU IF TPS DETERMINES IN ITS SOLE DISCRETION THAT CONTINUED PROVISIONS OF SUCH AI-BASED PRODUCTS AND SERVICES MAY VIOLATE LAW OR POSE SIGNIFICANT LEGAL RISKS OR CONTRACTUAL LIABILITY TO THE TPS PARTIES.
THE OUTPUT GENERATED BY YOUR USE OF AND YOUR INTERACTION WITH AI MAY BE PRONE TO ERRORS OR UNINTENDED OR NON-RELEVANT RESPONSES, AND ARE SUBJECT TO THE INTEGRITY OF THE UNDERLYING DATA AND INFORMATION ON WHICH OUR AI TECHNOLOGY IS BASED. AS SUCH, THE TPS PARTIES DO NOT REPRESENT OR WARRANT THAT THE OUTPUT WILL ADDRESS ALL OR ANY OF YOUR REQUIREMENTS OR EXPECTATIONS CONSIDERED IN YOUR DECISION TO ENGAGE WITH THE PLATFORM, AND THE TPS PARTIES DO NOT REPRESENT OR WARRANT THE CONTENT GENERATED IN CONNECTION WITH YOUR SPECIFIC ENGAGEMENT WITH THE PLATFORM.
NOTWITHSTANDING THE OWNERSHIP AND LICENSING RIGHTS SET FORTH IN SECTION 7 (“YOUR MATERIALS”) ABOVE, TPS SHALL BE THE EXCLUSIVE OWNER OF ALL AI-PRODUCED DATA, INFORMATION, AND LEARNING BI-PRODUCTS THAT ARE BASED ON YOUR SPECIFIC INFORMATION INPUT. FOR AVOIDANCE OF DOUBT, AI-PRODUCED DATA, INFORMATION, AND LEARNING BI-PRODUCTS INCLUDE, WITHOUT LIMITATION, NEW DATA SETS, DATA RELATIONSHIPS, PREDICTIVE FACTORS, GENERAL LEARNING, AND ALGORITHMS, AND ONLY THE DIRECT AND SPECIFIC RESPONSES AND/OR OUTPUT PRODUCED IN RESPONSE TO YOUR SPECIFIC REQUEST ARE EXCLUDED FROM AI-PRODUCED DATA, INFORMATION, AND LEARNING BI-PRODUCTS.
14. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK. THE WEBSITE, THE APP, THE WEBSITE AND APP CONTENT AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND/OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) WARRANTIES THAT THE WEBSITE, APP, WEBSITE AND APP CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR APP WILL MEET YOUR REQUIREMENTS; (b) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, APP, WEBSITE AND APP CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR APP; (c) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CAPABILITY, SUFFICIENCY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (d) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR APP OR ACCESSED THROUGH THE WEBSITE OR APP; (e) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, APP OR SERVICES; (f) WARRANTIES THAT YOUR USE OF THE WEBSITE, APPS OR SERVICES WILL BE SECURE OR UNINTERRUPTED; (g) WARRANTIES THAT THE WEBSITE, APP, WEBSITE OR APP CONTENT OR SERVICES WILL BE ERROR-FREE OR THAT ERRORS IN THE WEBSITE, APP, WEBSITE AND APP CONTENT OR SERVICES WILL BE CORRECTED; OR (h) ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OR TRADE. DRIVE AND PARK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR APP IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRIVE AND PARK OR THROUGH OR FROM THE WEBSITE OR APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL THE INDEMNIFIED ENTITIES BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE INDEMNIFIED ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR APP OR ANY MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR APP; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR APP; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR APP; (e) OR FROM ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE OR APP; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE, APP, WEBSITE AND APP CONTENT OR SERVICES.
THE INDEMNIFIED ENTITIES SHALL NOT BE RESPONSIBLE FOR FIRE, THEFT, ACCIDENT, LOSS OR DAMAGE TO THE VEHICLE OR VEHICLE CONTENTS OR FOR ANY OTHER DAMAGE TO MEMBERS OR MEMBER’S PROPERTY. IN NO EVENT WILL THE INDEMNIFIED ENTITIES ASSUME LIABILITY FOR DAMAGE OR INJURY SUSTAINED THROUGH FAULTY BRAKES OR OTHER VEHICLE EQUIPMENT FAILURE. THE INDEMNIFIED ENTITIES SHALL BE RESPONSIBLE FOR SUCH LOSS OR DAMAGE ONLY IF IT RESULTS FROM THE INDEMNIFIED ENTITIES’ GROSS NEGLIGENCE OR THE GROSS NEGLIGENCE OF THE INDEMNIFIED ENTITIES’ EMPLOYEES, OCCURRING WITHIN THE SCOPE OF THEIR EMPLOYMENT TO THE EXTENT THAT IT IS RESPONSIBLE UNDER THE LAW. THE INDEMNIFIED ENTITIES DOES NOT WAIVE ANY DEFENSES TO SUCH CLAIM INCLUDING, BUT NOT LIMITED TO, CONTRIBUTORY NEGLIGENCE, COMPARATIVE NEGLIGENCE OR ANY OTHER DEFENSE OR REMEDY AVAILABLE UNDER THE LAW. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR ANY GUARANTEE POLICY PASSES DESCRIBED IN PARAGRAPH 5(f) ABOVE, THE INDEMNIFIED ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY PARKING OR ON-AIRPORT VALET SERVICES RESERVATION.
IF YOU ARE DISSATISFIED WITH ANY OF DRIVE AND PARK’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, APP AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. U.S. Government Restricted Rights. The materials available on or through the Website and App are provided with “RESTRICTED RIGHTS.” The use, duplication or disclosure of such materials by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of such materials by the U.S. Government constitutes acknowledgment of Drive and Park’s proprietary rights in them.
17. Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, we may remove or disable access to material on the Website and/or App that may be infringing or the subject of infringing activity. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (the “Designated Agent”). Our Designated Agent may be reached at:
Designated Agent
7653 Narcoossee Road, Orlando, FL
Email: support@orlandoparking.com
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright is being infringed, you should submit a written notification to Drive and Park’s Designated Agent that includes: (a) your contact information, including your name, address, telephone number, and email address; (b) identification and description of each copyrighted work that you claim has been infringed; (c) the exact URL or location of the material that you claim is infringing; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material and, for repeat offenders, to terminate such user’s access to the Website and/or App.
Please note that Section 512(f) of the DMCA may impose liability for damages of any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information: (a) identification of the copyrighted work that was removed, and the location on the Website or App where it would have been found prior to its removal; (b) a statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and (c) your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
18. Arbitration and Dispute Resolution Agreement.
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Initial Dispute Resolution. We are available by email at support@orlandoparking.com to address any concerns you may have regarding your use of the Website, App and/or Services. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 18(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website, App or Services shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
(c) THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
(d) THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(e) Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 18(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(f) Mass Arbitrations. Mass arbitrations, as defined by the AAA, shall be governed by the AAA Mass Arbitration Supplementary Rules. The parties agree that the global mediation required by these rules shall occur during the initiation phase of the mass arbitration (prior to the appointment of merits arbitrators), and the global mediation shall act as a stay of the mass arbitration until the mediation is concluded.
(g) Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.
(h) Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
(i) 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 18(b), 18(c), 18(d) and 18(e) by sending written notice of your decision to opt-out to the following address: Drive and Park, 7653 Narcoossee Road, Orlando, FL 32822 Attention: Legal Department. The notice must be sent within thirty (30) days after the first use of any our Services, including, without limitation, account registration or activation, or Agreement to Additional Terms. If you opt-out of these arbitration provisions, we also will not be bound by them.
(j) Exclusive Venue for Litigation; JURY TRIAL WAIVER . To the extent that the arbitration provisions set forth in Paragraph 18(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of Florida, Orange County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of Florida, Orange County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in Paragraph 18(b) do not apply, these Terms shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Florida, except with respect to the On-Airport Valet Terms which may be governed by and construed and enforced in accordance with the laws of the state in which the Facility identified on the On-Airport Valet confirmation is located. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. THE PARTIES ALSO EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN PARAGRAPH 18(b) ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.
(k) Modifications. Any modification to Paragraph 18 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will only apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification.
19. Consent to Cross-Border Data Transfers. For users located outside the United States, you acknowledge and agree that your personal information may at times be accessible by our service providers who are located worldwide including in countries that the European Commission or other geopolitical regulatory bodies have determined do not provide the same level of data protection as in your country, province, territory or geopolitical region. As of July 10, 2023 the European Commission has issued United States and Adequacy Decision that opines that United States laws are deemed to afford an equal level of protection for your personal information such as those laws legislated at the direction of the European Union or similar geopolitical, national or regional legislative bodies. By providing us with your personal data, you are explicitly consenting to our use of your personal information in accordance with our privacy policy, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law. Please be assured that we will adhere to the principles stated in our privacy policy and will make reasonable efforts to comply with applicable international, national, regional, territorial, and provincial laws in connection with any information collected through the use of our services.
20. Mobile Services and In-App Notifications. Our services may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive information and reply to messages via in-app push notifications, and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access our services from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by in-app push notifications, SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.
21. Miscellaneous Provisions.
(a) If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions hereof.
(b) The rights to use the Website and App granted to you hereunder are personal to you and are not subject to transfer or assignment. We may assign our rights and duties under these Terms at any time to any third party without notice.
(c) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(d) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(e) Possible evidence of use of the Website or App for illegal purposes will be provided to law enforcement authorities.
(f) Discontinuation of use of the Website, App and Services is your sole right and remedy for any dissatisfaction with the Website, App and Services.
(g) These Terms constitute the entire understanding with respect to the subject matter hereof, and shall supersede any and all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.
22. Questions. Please contact us with any questions regarding the Website, App, Services or these Terms at support@orlandoparking.com .
Effective Date: October 22, 2024
Drive and Park Pay Now Terms
Effective Date: December 13, 2024