Terms of Use


Effective June 14, 2013

 

By using www.finenyc.com or the Drivio mobile application (collectively the "Website"), a website owned and operated by Drivio ("Drivio"), you agree to be bound by these Terms of Use for your use of www.finenyc.com's online or mobile service (collectively the "Service"). Drivio may modify these Terms of use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the website signals your agreement to be bound by any changes.

 

The Website and Service allows you to quickly manage and pay parking tickets; aggregates and anonymizes individual parking data; reminds you to feed the meter; reminds you of street cleaning where your vehicle is parked; and helps you locate your vehicle. You will be able to help crowdsource the information contained on the Website by providing tips that are location-based for users.

 

1. Term. These Terms of Use shall remain in full force and effect for the entire time you use the Website and/or the Service. You may terminate your membership at any time; Drivio may terminate your membership at any time and for any reason, including but not limited to your dispute of any fees owed to Drivio. Should Drivio terminate your account, you will be notified at the email address specified when you signed up for the Service. If your membership is terminated, the relevant provisions of these Terms of Use shall stay in effect.

 

2. Use of Website. The Service is intended for use by users who are at the legal age permitting to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by drivio inc.

 

3. Accounts. There is no charge to open an account, as you will only pay Drivio a service charge when you use the Service, and in order to use some features of the Website and/or Service, registration will be required. You may cancel your account at any time. In order to use the Service, you will be required to provide certain personally identifiable information, including but not limited to your name, email address, phone number, license plate number, vehicle identification number (VIN) and credit card information. Drivio takes your privacy seriously, and the use of all information collected is governed by Drivio's privacy policy.

 

4. Passwords and Security. You agree that if you are issued a username and password in connection with your use of the Website, you are responsible for keeping such information secret and confidential. You agree to accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications and submissions. You are responsible for changing your password if you believe that your password or username has been lost, stolen or might otherwise be misused. You agree to notify Drivio immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

 

5. External Links. The Website may provide links to other websites that are not maintained or controlled by Drivio ("Linked Sites"). The inclusion of any hyperlinks to Linked Sites does not imply approval or endorsement by Drivio of those Linked Sites, or content, products or services offered on those Linked Sites. Drivio expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall Drivio be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.

 

6. Ownership and License. The Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website are owned by Drivio, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions. Drivio grants you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website. The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for your personal, private, and non-commercial use only. Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to Drivio and its affiliates. You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.

 

7. User Content.

A. You are solely responsible for any message, photo, profile or other information (collectively, "Content") that you publish or display ("post") on the Website, and for any material or information that you send to members. You agree to use the Service in a manner consistent with all applicable laws and regulations.

B. You agree that by posting content on the Website, you hereby grant Drivio a non-exclusive, fully paid, worldwide license to use, display and perform such Content in whatever means Drivio deems appropriate.

C. You represent and warrant that:

i. You own the Content posted by you on the Website, or you otherwise have the right to grant the license set forth in Section 7(B), and

ii. Your Content does not violate the privacy, publicity or intellectual property rights of any person or entity, and

iii. You agree to pay for any royalties and/or fees owing any person by reason of any Content you post on the Website.

D. Drivio reserves the right to review and, if necessary, delete any Content that in the sole judgment of Drivio would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user. Prohibited Content includes Content that:

i. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or

ii. harasses or advocates harassment of any group or individual, or

iii. involves the transmission of junk mail, chain letters, or spam, or

iv. is known to be false or misleading, or promotes illegal activities, or

v. promotes an illegal or unauthorized copy of another's copyrighted work, or

vi. contains restricted or password-only access pages or hidden pages or images, or

vii. provides material that is sexual in nature, or

viii. provides instructional information about illegal activities, or

ix. solicits passwords or personal identifying information for commercial or unlawful purposes, or

x. is irrelevant to the art industry and/or the stated purpose of the Website.

 

8. Ticket Payments.

A. All submissions to Drivio are final. Once you authorize Drivio to pay a parking ticket on your behalf, you will not be able to cancel the transaction and you will not be able to get a refund under any circumstances. By submitting payment information to Drivio, you acknowledge that you are the owner, registrant and/or operator of the vehicle that was ticketed.

B. You are responsible for reviewing all information provided to Drivio prior to submitting payment. If any errors are made in inputting your information, Drivio assumes no responsibility for any interest, late fee or other legal penalty that results. If the amount due is different that the amount authorized, then you give Drivio permission to charge you for the full amount due and paid by Drivio. Keep in mind that the amount owed may be different from the initial amount on your ticket because of late fees or other penalties.

C. You agree that Drivio may provide your information, including personally identifying information, to the necessary government department or its assigns for the purposes of paying your parking ticket. You acknowledge that Drivio is not a financial institution and that the Service is a payment processing service. Drivio is not acting as a trustee or other fiduciary, but is acting solely as your agent.

 

9. Disclaimer of Warranties. DRIVIO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DRIVIO DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

 

10. Limitation on Liability. IN NO EVENT SHALL DRIVIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF DRIVIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DRIVIO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DRIVIO FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

 

11. You agree to indemnify and hold harmless Drivio, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Service.

 

12. Disputes. You agree that any dispute shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions, and you agree to personal jurisdiction and venue in the state and federal courts located in New York County, New York.

 

13. Privacy Policy. Your use of the Website is also governed by drivio's Privacy Policy, available here.

 

14. Miscellaneous. These terms constitute the entire agreement between you and Drivio regarding use of the Website, and that additional terms may apply to buyers and sellers. The failure of Drivio to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Should any competent court determine that any provision of these Terms of Use are unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms of Use, and all other provisions remain in full force and effect. If you do not agree to these Terms of Use, please stop using this Website immediately.





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