© 2023 Curbit.
USE OF THE SERVICES
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Driving Thru may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DRIVING THRU ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Driving Thru may amend the Terms from time to time. Amendments will be effective upon Driving Thru’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. Driving Thru may terminate, change, suspend or discontinue any aspect of the Services, including the availability of any features of the Services, at any time. Driving Thru may also impose limits on certain features and services or restrict your access to parts or all of the Services without notichttps://curbit.com/privacy-policye or liability.
DISPUTES – ARBITRATION AGREEMENT
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE (“AGREEMENT”). Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Driving Thru, or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Driving Thru must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR DRIVING THRU MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Driving Thru will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) Driving Thru also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and, (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Driving Thru may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Driving Thru shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Los Angeles County, California.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
The content and information on our application, website, and in any way related to the Services, as well as the infrastructure used to provide such content, information and Services, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our application, website or Services. Additionally, you agree not to: (i) remove any copyright, trademark or other proprietary notices from any portion of our application, website or Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the application, website or Services except as expressly permitted by Driving Thru; (iii) decompile, reverse engineer or disassemble the application, website or Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the application, website or Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
If your account shows signs of fraud, abuse or suspicious activity, Driving Thru may cancel any order associated with your name, phone number, or account, and close any associated Driving Thru accounts. If you have conducted any fraudulent activity, Driving Thru reserves the right to take any necessary legal action and you may be liable for monetary losses to Driving Thru, including litigation costs and damages. To contest the cancellation of an order or closure of an account, please contact email@example.com.
TERMINATION OF USE
Driving Thru reserves the right to refuse service, terminate accounts, suspend activity and/or cancel orders (if applicable) in its sole discretion, including, without limitation, if we believe that any customer’s or user’s conduct violates applicable law, is harmful to another user’s interest, or is harmful to Driving Thru’s, a third-party’s, or a service provider’s interests.
The Services comprise mobile applications and related services (each, an “Application”), which enables users to receive certain goods and services (“Delivery Services”) from third party providers of such goods and services under agreement with Driving Thru (“Third Party Providers”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES FROM THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH DRIVING THRU AS A PRODUCER OR DISTRIBUTOR OF GOODS, OR A PROVIDER OF DELIVERY SERVICES.
THIRD PARTY SERVICES AND CONTENT
Subject to your compliance with these Terms, Driving Thru grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Driving Thru, Driving Thru’s licensors and Third Party Providers.
The Services and all rights therein are and shall remain Driving Thru’s property or the property of Driving Thru’s licensors, or Third Party Providers. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Driving Thru’s company names, logos, product and service names, trademarks or services marks or those of Driving Thru’s licensors or Third Party Providers.
In order to use most aspects of the Services, you must have an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires certain personal information, such as your first name, mobile phone number, automobile make/model/color. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account at all times. Unless otherwise permitted by Driving Thru in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Delivery Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws (including traffic and parking laws) when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
TEXT MESSAGING AND TELEPHONE CALLS
USER PROVIDED CONTENT
Driving Thru may, in Driving Thru’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Driving Thru through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Driving Thru, you grant Driving Thru a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Driving Thru’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Driving Thru the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Driving Thru’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Driving Thru in its sole discretion, whether or not such material may be protected by law. Driving Thru may, but shall not be obligated to, review, monitor, or remove User Content, at Driving Thru’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Driving Thru does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DRIVING THRU HEREBY DISCLAIMS ALL WARRANTIES. DRIVING THRU IS MAKING THE APPLICATION, WEBSITE AND SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION, WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVING THRU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APPLICATION, WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DRIVING THRU DOES NOT WARRANT THAT THE APPLICATION, WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION, YOU MAY FIND THAT WEATHER, CONSTRUCTION PROJECTS, TRAFFIC CONDITIONS, OR OTHER EVENTS MAY CAUSE ROAD CONDITIONS OR PARKING RESTRICTIONS THAT PREVENT YOU FROM RECEIVING THE DELIVERY SERVICES. PLEASE OBEY THE RULES OF THE ROAD AT ALL TIMES AND COMPLY WITH ALL POSTED SIGNAGE. WE ARE NOT RESPONSIBLE FOR ANY ACCIDENTS, TRAFFIC VIOLATIONS OR PARKING VIOLATIONS YOU MAY INCUR OR EXPERIENCE WHEN USING OR ATTEMPTING TO USE THE SERVICES AND RECEIVE DELIVERY SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL DRIVING THRU BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE SERVICES, MATERIALS ON THIS APPLICATION OR WEBSITE PROVIDED TO YOU BY DRIVING THRU, EVEN IF WE HAVE BEEN ADVISED OF THE THESE POSSIBILITIES, THIS INCLUDES ANY CLAIMS RELATED TO ACCIDENTS, TRAFFIC VIOLATIONS OR PARKING VIOLATIONS YOU MAY INCUR OR EXPERIENCE WHEN USING OR ATTEMPTING TO USE THE SERVICES AND RECEIVE DELIVERY SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATION OR WEBSITE.
LINKING FROM AND TO OUR APPLICATION AND WEBSITE
To the extent that the Application or website has links from and to other applications or websites, we cannot endorse or control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked applications or websites, you do so at your own risk and Driving Thru makes no guarantees about the accuracy, currency, content, or quality of the information provided by such application or websites, and Driving Thru assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those application or websites. Any concerns regarding such outside applications or websites, or any link thereto, should be directed to that particular application or website.
Any link to Driving Thru’s Application or website is subject to our approval, conditions, and agreement, as we may decide in our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
If you have evidence, know, or have a good faith belief that Driving Thru is infringing any copyrights please provide Driving Thru with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Driving Thru to locate the material; (d) information reasonably sufficient to permit Driving Thru to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Driving Thru as follows: Website Administrator, Driving Thru, Inc., PO Box 8490, Calabasas, CA 91372; Email firstname.lastname@example.org.
SOFTWARE AVAILABLE ON WEBSITE AND APPLICATION
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on our website, is owned by Driving Thru, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You agree that no joint venture, partnership, or employment relationship exists between you and Driving Thru as a result of this Agreement or use of our website or Mobile Application.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or Mobile Application or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Driving Thru with respect to our website, Mobile Application, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on our website or Mobile Application are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.