Terms & Conditions

5) The Check-in Process

1. A. This Agreement becomes binding on the Driver and the Host when the Host accepts the terms of a Check-in as communicated by Drivewey and when the Driver requests a Check-in and payment is received by Drivewey.
2. B. Each party acknowledges that the Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other. C. You may not incorporate any additional terms into the Check-inAgreement other than the restrictions clearly included in your listing. You agree not to propose to the Driver or Host any additional terms or amendments to the Check-inAgreement after a Check-inhas been made without our consent. The Driver is not obliged to accept any further terms once we have accepted a Check-inon your behalf.

6) Driver Rights and Obligations

1. A. The Driver:
2. a. Subject to clause (iv) below, is entitled to permit another person to use the Parking Space under this Agreement, so long as only one vehicle occupies the Parking Space at any point in time.
3. b. is responsible for ensuring that any person (an "Authorized Person") the Driver allows to use a Parking Space complies with the terms of this Agreement. The Driver is responsible for the conduct of any such Authorized Person. c. must only use the Parking Space at the times specified in this Check-inconfirmation. If the Driver uses the Parking Space at any earlier or later time, the Driver will be liable to the Host under the Check-inAgreement, and the Driver’s vehicle may be towed or otherwise immobilized. d. must use the vehicle the details of which have been notified as part of the Check In. If the Driver uses a different vehicle, they may be unable to park. If the Driver wishes to change the registered vehicle to be used for the Parking Space, the Driver must contact Drivewey in advance of the Check-inso that Drivewey can confirm and notify the Host. e. During the Check-inPeriod, if the Driver has any concerns or queries about theParking Space the Driver must contact Drivewey immediately and Drivewey will direct the concern or query to the Host if appropriate. f. At the start of the Check-inPeriod, the Driver must inspect the Parking Space and ensure the Parking Space meets the description on the Mobile platform. If the Driver believes that the Parking Space does not reasonably match the description on the Mobile platform, they must contact Drivewey immediately, in which case we will provide the Driver with the Host contact details in order to resolve the concern or query. g. Where possible, any dispute between the Driver and the Host relating to the Parking Space should be dealt with at the start of the Check-inPeriod and without our involvement so that the Driver may still fulfill the Check In. Where this does not prove possible, the Driver agrees that Drivewey may mediate (at its discretion) and attempt to resolve the concern or query so that the Check-incan be fulfilled. h. must vacate the Parking Space and cease using the Parking Space by the end of the Check-inPeriod. The exact departure time from the Parking Space will be as stated in the Check-inConfirmation. i. acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached, other than as reasonably required to directly access the Parking Space. j. has primary responsibility for the Driver’s safety and the safety of their vehicle during the Check-inPeriod and agrees that the Host is not responsible for ensuring the Driver’s or an Authorized Person’s safety, or the safety of your vehicle.

7) Host rights and obligation

1. A. The Host agrees to:
2. a. Provide the Parking Space in accordance with the details and information setout in your Mobile platform listing.
3. b. Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties. c. Use best endeavors to settle any disputes that may arise during the Check-inPeriod as soon as possible so that the Driver may still fulfil their Check In. d. Be advised of any enquiries about their Parking Space by any method possible including but not limited to email, text message or phone call. e. agree to confirm with us as soon as possible whether or not the Check-inis accepted. You can accept a Check-inby signing into the Mobile platform and approving the relevant enquiry or by sending us an email, SMS or phone call or by agreeing at the time of listing to automatic accepting, in which we will automatically accept Check Ins for you instantly, always or if a Check-inmeets certain criteri
4. a. f. Parking Space Owners have 48 hours to reply to a Parking Space enquiry before the offer is revoked. You acknowledge that during and after this 48-hour period, we may suggest other Parking Space options to the Driver who has made theinquiry.

8) Driver and Host Obligations

1. A. As a Driver or a Host:
2. a. You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and not disclose it to any third party. If you do reveal your password to a third party and they then access the Mobile platform, they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorization from you, please notify us immediately and we will suspend or close the Account at our discretion.
3. b. You agree to not use the Parking Space or deal with other Drivewey members in any way which could be deemed to be harmful to the business or reputation of Drivewey or do anything which might adversely affect our relationship with a Host or a Driver. c. You agree to not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Drivewey or any Driver or Host through any communication including written and oral communication made by yourself or a third party to transact outside of the Mobile platform. d. You agree to provide us with accurate information and ensure that all details that we hold about you (including, but not limited to, your email address) are up to date and valid. e. You agree to not use the Mobile platform in any way which may detrimentally affect the reputation of Drivewey or the use and enjoyment of the Mobile platform or our Services by any other users or third parties. f. You agree to not use the Mobile platform in any way which may be construed as discrimination against other users, including but not limited to on the basis of race, sex, economic status, rental terms, religion, property type or condition; g. You agree that all accepted rentals are binding upon both the Host and the Driver unless sufficiently just cause is provided in writing to Drivewey such that Drivewey may deem cancellation in accordance with the Cancellation Policy is appropriate; examples of just cause may include but are not limited to death of a Driver or Host, safety concerns of either party, severe economic concerns, or regulatory matters.

9) Mutual warranties:

1. A. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

10) Driver warranties:

1. A. The Driver represents and warrants that the Driver will:
2. a. keep the Parking Space clean, tidy and clear of debris and leave the Parking Space in the same or better condition than as they find it.
3. b. park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property. c. notify the Host or Drivewey of any damage to the Parking Space during the Check-inPeriod as soon as it occurs. d. not do or permit to be done on the Parking Space anything which is, or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or owner or occupier of neighboring property. e. not conduct any illegal activity from the Parking Space. f. not conduct any business or commercial activity whatsoever from the Parking Space. g. not use the Parking Space for any purpose other than for parking. h. indemnify and hold harmless the Host against all loss, liability, damages, costs and expenses arising from the Driver's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Host; and i. act with courtesy towards the Host ; and j. have at all material times a valid driving license and vehicle registration. k. The above warranties are given at the commencement of and on an on-going basis during the term of the agreement.

11) HostWarranty:

1. A. The Host represents and warrants that the Host:
2. a. owns or is authorized to use the Parking Space and is authorized to allow third parties to use the Parking Space and, where necessary, has permission from their landlord, tenant or body corporate (or other persons who control any apartment or complex of which the Parking Space is a part) to do so. If the Host does not have the necessary authority, the Host agrees to indemnify and hold harmless Drivewey for any loss we may suffer as a result of breach of the representation and warranty above.
3. b. has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.

12) Payments

1. A. Our standard policy is to use Stripe Payment Platform to charge and collect all payments from Drivers, as well as distribute all payouts to Hosts for parking transactions. We will collect full payment up front in the case of a 24hr or monthly Check-in.
2. B. We are authorized by the Host to accept payment from the Driver on the Host's behalf. If the Driver has paid the full amount for the Check-into Drivewey at the time the Check-inis made, then no further payments are due to the Host. The Host accepts that payment of the fees for the Check-into Drivewey represents a full discharge of the Driver's payment obligations for that Check In. C. As a Host, you authorize Drivewey to accept and hold Driver payments on your behalf. We will send all payments to you, minus what is owed to Drivewey, that we have received from the Driver after the Driver confirmed their Check-outand ended their parking transaction. We reserve the right to waive this escrow period. D. Drivewey is entitled to process all transactions using your Account and is not required to check that you have authorized such transactions. E. In order to register an account, you may be required to provide us with bank account, PayPal, credit or debit card details to enable us to make payments to you. We are also authorized in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Driver. F. As the Host, You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar State and Federal taxes or other withholding and personal or company incomes taxes ("Taxes") under this agreement in a timely manner. G. As a Driver, If your payment is not received or fails, we may collect monies owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings. H. Once payment has been received, we will send you the Confirmation E-mail which will include the Check-inPeriod (which may be changed by agreement or termination as set out below) and contact information number for the Driver I. You agree that we may issue you with invoices and receipts in electronic format by email or other method.

13) Cancellation and Check-inGuarantee

1. A. All Check Ins are made subject to the cancellation policy as set out in this agreement and the Driver and the Host each agree to comply with the terms of the Cancellation Policy and authorize Drivewey to administer the Cancellation Policy, if necessary, by making refunds.
2. B. If the Driver fails to cancel the Check-inusing the Drivewey cancellation procedure the Driver will be liable for the full amount of the fees payable to the Host and will not receive any refund whatsoever. C. Furthermore, as a Driver you agree that if a Host wishes to cancel a Check-inthey may do so through us and our Mobile platform. If we are required to process a cancellation, we will do so in accordance with the Cancellation Policy. You authorize us to collect payment on behalf of the Host using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy. D. If we are holding funds on behalf of the Host, we may (at our sole discretion) refund sums to the Driver. E. A full refund can be provided to the Driver if the:
3. a. Parking space is unavailable on the date and time agreed
4. b. Parking space address is incorrect c. Parking space description or listing details are substantially misleading d. Host needs to cancel the Check-inand informs the Driverafter the start of the transaction
5. B. Partial-RefundExample:
6. a. If the Host cancels a Check-induring a daily transaction but Driver is only allowed to park part of the time agreed, then the Driver is owed a refund for the remaining time lost.
7. b. The Driver must inform Drivewey and the Host, if the Driver wants to cancel a Check In
8. B. No-RefundExample:
9. a. If the Driver cancels a Check-inor if the Driver does not use the Parking Space or make suitable attempts to find it and contact the owner, then the Driver will receive no refund.

12) Complaints and Disputes

1. A. The Driver and Host agree that in the event of a dispute in relation to this Agreement, you will attempt to resolve it in the first instance by directly communicating with the other party with the contact details given to you by Drivewey.
2. B. In the event that a dispute cannot be resolved with the Driver or Host directly, either the Driver or Host may refer the dispute to Drivewey. Drivewey is not obliged to take any steps in relation to the dispute but may, at its discretion, investigate the matter and take any action as deemed appropriate.

15) Liability

1. A. You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Space on the Mobile platform.
2. B. Hosts are not liable for any injury to Drivers, damages to any Driver’s vehicles while parked and/Checked In to Host spaces unless actions from Hosts are the direct cause of the damage and/or injuries to Drivers and vehicles.

16) Confidentiality

1. A. The Driver and Host agree not to disclose any confidential information of each other. For the purposes of this agreement, confidential information includes information of a confidential nature which is obtained during the course of their contractual relationship or as a result of the use of the Parking Space and which is not publicly available information.

Privacy Policy

These “Terms and Conditions” for the “Drivewey” application and any associated website, portal or similar service (collectively, the “App”), constitute a legal agreement and are entered into by and between You and Drivewey Technologies Inc. (“Company,” “we,” “us,” “our“). Our Terms and Conditions govern your access to and use, including any content, functionality, and services offered on or through the App

Terms and Conditions

These Terms and Conditions (and any modifications to it) represent the entire agreement between you and us with respect to the App and is different than and completely separate from your agreement with your telephone, wireless or internet service providers and from any and all agreements that we may have with our service providers to which you are not a party.

We may change, add to or delete any portion of these Terms and Conditions in our discretion at any time and from time to time. Any amendments will be effective when posted on the App and your continued use of the App after amendments are posted will be considered acceptance of any amendment. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the App may be changed, withdrawn, disabled or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.

BY USING THE APP, YOU EXPLICITLY CONSENT TO THE COLLECTION OF CERTAIN PERSONAL INFORMATION, IN ACCORDANCE WITH AND AS MORE PARTICULARLY SET OUT IN THE PRIVACY POLICY (DEFINED BELOW), FOR THE PURPOSE OF PROVIDING THE FOREGOING AND ANY FUTURE FUNCTIONALITY OF THE APP AND FOR ANY OTHER PURPOSE IDENTIFIED IN THE PRIVACY POLICY.

The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to and from the App. Any transmission of personal information is at your own risk.

You will not be charged by us for receiving messages or notifications; however, please note that your text messaging, wireless, and/or mobile phone service provider may charge a per message fee or data charges for receiving messages or notifications through the App.

We are not responsible for circumvention of any privacy settings or security measures contained on the App.

If applicable, any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account in public so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Intellectual Property Rights and Ownership

You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, any Company trademarks or logos and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, decompile or transmit any of the material on our App, in any form or medium whatsoever except that your computer or mobile phone and browser may temporarily store or cache copies of materials being accessed and viewed.

You are not permitted to modify copies of any materials from this App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App. You shall not access or use for any commercial purposes any part of the App or any services or materials available through the App.

If you print off, copy or download any part of the App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions

As a condition of your access and use, you agree that you may use the App only for lawful purposes and in accordance with these Terms and Conditions.

Without limiting the foregoing, you warrant and agree that your use of the App shall not:

• In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
• In any manner violate the terms of use of any third-party website that is linked to the App, including but not limited to, any third-party social media website.
• Involve stalking, attempting to exploit or harm (including emotionally harm) any individual in any way whether by exposing them to inappropriate content or otherwise or ask for personal information whether or not prohibited under applicable laws, regulations or code.
• Involve, provide or contribute any false, inaccurate or misleading information.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
• Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
• Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Give the impression that communications originate from or are endorsed by us or any other person or entity, if this is not the case.

Without restricting the generality of the foregoing in any way, by using the App you further agree that you will not attempt to circumvent or violate the security of the App in any way, including, without limitation, by:

• accessing content and data that is not intended for you;
• attempting to breach or breaching the security and/or authentication measures of the App;
• restricting, disrupting or disabling service to users, hosts, servers or networks;
• illicitly reproducing TCP/IP packet header;
• disrupting network services and otherwise disrupting our ability to monitor the App;
• using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
• introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
• otherwise attempting to interfere with the proper working of the App.

Privacy

By using the App, you acknowledge that you have read, understand the terms of, and agree to the Company’s privacy policy in effect from time to time (as it may be amended, supplemented, replaced or otherwise modified from time to time, collectively, the “Privacy Policy”) found in the footer of the Drivewey website (www.drivewey.com). The Privacy Policy is incorporated by reference into these Terms and Conditions. By submitting your personal information to us, you consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information in compliance with the Privacy Policy.

Indemnity and Liability

You agree to indemnify and hold us, our parent companies, affiliates, and their respective successors, officers, employees, directors, shareholders, contractors, advisors, suppliers, licensors, licensees or other representatives (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, initiated against or incurred by the Representatives, as applicable, directly or indirectly, as a result of or in connection with your use of the App, whether initiated or suffered by you, a third party, or your spouse, children, grandchildren, parents, grandparents, brothers or sisters (in any case, a “Claim”).

YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE APP AND THE INFORMATION CONTAINED THEREIN AND ACCESS TO THE APP AND THE INFORMATION CONTAINED THEREIN ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF THE APP IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO. THE APP IS AN AID WHICH RELIES ON TELEPHONE, WIRELESS NOTIFICATIONS, OR INTERNET TRANSMISSIONS THAT CAN BE INTERMITTENTLY BLOCKED, INTERRUPTED, DISRUPTED OR CORRUPTED. AS A RESULT, THERE MAY BE AND WE WILL NOT BE LIABLE FOR ANY DELAYS, OMISSIONS, INACCURACIES AND/OR FAILURES TO DELIVER THE NOTIFICATION TRANSMISSIONS OR ANY CONTENT AND YOU SHOULD NOT RELY ON THE APP FOR ANY REASON. FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE APP WILL BE AVAILABLE, RUN ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY ERRORS OR DEFICIENCIES RELATED THERETO OR THAT ANY MESSAGES SENT BY YOU WILL ARRIVE AT THEIR INTENDED DESTINATION ON TIME. WE, OUR REPRESENTATIVES, OUR SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS REPRESENTATIVES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY APP CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THESE TERMS AND CONDITIONS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THESE TERMS AND CONDITIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination

We reserve the right to disable, terminate, prevent or prohibit your access to the App or any portion of it, including, if applicable, your account, any username, password (if applicable) or other identifier, whether chosen by you or provided by us, at our sole discretion for any reason whatsoever, without liability or notice. We reserve the right to disable, terminate or alter the functionality of the App at any time in our sole discretion.

General

• These Terms and Conditions supersede any other contemporaneous or prior promises, representations, descriptions or communications regarding the App.
• These Terms and Conditions may only be modified by the Company.
• Our failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision.
• These Terms and Conditions shall be governed by the laws of the California and the laws of the United States applicable therein without regard to any conflict of law provisions.
• Any action or proceeding arising out of or relating to App and under these Terms and Conditions will be instituted in the courts of the state of California including the United State Supreme Court to the extent the same has jurisdiction, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
• All content of these Terms and Conditions under the headings “Intellectual Property Rights and Ownership”, “Conditions of Use and User Submissions”, “Privacy”, “Indemnity and Liability” and “Termination” or which by its very nature ought to survive termination shall survive termination of these Terms and Conditions.
• If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
• These Terms and Conditions shall bind and inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and assigns. You may not assign your rights or obligations hereunder without our prior written consent. We may assign our rights or obligations hereunder without your consent.