DartCar Terms of Service

By using the dartcar.com web site (“Service”), all services of DartCar Mobility, inc. (“DartCar”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

DartCar reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: (insert correct link here)

Violation of any of the terms below will result in the termination of your Account. While DartCar prohibits such conduct and Content on the Service, you understand and agree that DartCar cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  5. You are responsible for maintaining the security of your account and password. DartCar cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Cash Out, and Refund Terms

  1. A valid credit card or PayPal account is required to pay for time/resource use. For resources that are posted for $0.00 there is no requirement to provide a credit card number.
  2. If you initially post a resource, and you don't cancel that account, your account may continue to receive payments. If you cancel prior to the processing of payments, you will not receive these payments.
  3. Changing the price of the resource will not affect existing scheduled resource payments. You will need to collect any additional payments directly from the resource user, in real life.
  4. The Service is billed in real-time for PayPal, and on a daily basis for Credit-Card payments and is non-refundable through the site. For refunds or credits for resource use (or poor service) please consult with the resource owner for the Terms of Use for that particular resource, if this has been arranged. It may be possible to arrange refund directly from the resource owner. DartCar will not refund existing PayPal or CreditCard charges (~8% of payment). In order to treat everyone equally, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. For any payment processed on a resource-owner's behalf, a small credit card charge or PayPal fee will be assessed automatically.
  7. For any payment processed on a resource-owner's behalf will be held until such time as the resource owner registers a PayPal account, associates it on the DartCar site, and requests to cashout through the Site. For large payment amounts, exceptions may be made (temporary, to deal with funds transfers of over $100, which incur additional charges from PayPal).
  8. Cancellation of your Service or Account may cause the loss of Content or money. DartCar does not accept any liability for such loss. If the amount is greater than $10, we will attempt to arrange payment by other means (even if DartCar is forced to cancel the account due to account-owner neglect, abuse, etc).

Cancellation and Termination

  1. You are solely responsible for properly stoping sharing a resource. An email or phone request to stop sharing a resource is not considered cancellation. The resource Owner can stop sharing a resource at any time by clicking on the 'Stop Sharing' link on the 'edit' page of the given resource. The 'edit resource' screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation of a resource. This information can not be recovered once your resource is canceled.
  3. If you cancel the Resource before the _processing_ of a reservation charge by an authorized resource user, your cancellation will take effect immediately and you will not receive the credit for that reservation. (nor will the user be charged). Note that the charge may have been processed long before the actual reservation period.
  4. At this time, DartCar has not yet implemented a "Cancel User Account" feature. To cancel a user account, please email your request to info@dartcar.com.
  5. DartCar, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DartCar service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. DartCar reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. DartCar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. DartCar shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Resource Ownership

  1. We claim no property rights over the Resources you post to the Service. TO BE COMPLETELY CLEAR: YOU ARE SHARING YOUR RESOURCE. DON'T GIVE THEM ACCESS TO THE RESOURCE IF YOU DON'T TRUST THEM. YOU ARE NOT LEGALLY BOUND TO FULFILL THE RESERVATION, EVEN IF THE PAYMENT TRANSACTION HAS BEEN COMPLETE. IF ANYTHING SEEMS WEIRD, GIVE THEM THEIR MONEY BACK, AND TAKE THEIR NAME OFF THE LIST OF PERMITTED USERS.
  2. In addition, we claim no intellectual property rights over the content you post to the service (such as a picture of your resource). Your profile and materials uploaded remain yours. However, by creating a resource, you agree that the information describing your resources  may be shared publicly, and you agree to allow the public to view this Content.
  3. DartCar does not pre-screen Content, but DartCar and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright©2007 DartCar Mobility, inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DartCar.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that DartCar uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DartCar, or any other DartCar service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DartCar.
  6. We may, but have no obligation to, remove Resources and Accounts containing Resources that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DartCar customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Resources, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. DartCar does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that DartCar shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DartCar has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of DartCar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DartCar and govern your use of the Service, superceding any prior agreements between you and DartCar (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to info at dartcar dot com.