Dryyv Terms of Service
Last Updated March 23, 2023
We offer this application and website (“application” and “website” and/or “site” can be interchanged for purposes of this Agreement), subject to the following terms and conditions (“Agreement”). Please read this Agreement carefully before using this application. By using this application, you accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this application. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this application; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit, by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of this application following the posting of any changes constitutes acceptance of those changes.
As used in this Agreement, the terms “we” and “us” mean ToUIQ Technologies, Inc., d.b.a, Dryyv, and the companies in which The ToUIQ Corporation and d.b.a, Dryyv, directly or indirectly owns a majority interest, commonly called “subsidiaries.” We operate vehicle rental share and related businesses, ride share and retail vehicle sales, and claims administration businesses. Our “licensees” include independent companies in the vehicle rental share business, and in the ride share and retail vehicle sales, and claims administration businesses, that are licensed to operate such businesses using a trade name and trademarks and service marks owned by us, which often incorporate the “ToUIQ” or “Dryyv” marks. Because the licensees are independent of us, they are not our subsidiaries and thus are not included in the terms “we” and “us.” Our “affiliates” at any time are the companies (other than us) that at the time control us or are under common control with us; the terms “we” and “us” do not include affiliates.
Copyright. Formal notice of copyright ownership appears on this application. All rights reserved. United States and international copyright laws protect all images, text, programs, and other materials found on this application (the Application and/or Website “Site Materials”). Any commercial use of any of the Site Materials is prohibited without the express written consent of ToUIQ Technologies, Inc., d.b.a, Dryyv You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this application, and acknowledge that you do not acquire any ownerships rights by using this application of the Site Materials.
Privacy. Any personally identifiable data about you which we collect from you in the application or on our website, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the privacy polity that is applicable to this application. For more information, please carefully review the applicable privacy policy, which is accessible via a link at the bottom of our website, and within the navigation from our homepage on our website and in our application.
Registration. Access to some areas and use of some functions of this and any of our other applications or websites may require you to be or become a participant in or a member or user of a particular ToUIQ or Dryyv program. When and if you register to become a participant, user or member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form and process (including your e-mail address, valid US drivers license and cell phone number), and (b) to maintain and update your information (including your e-mail address, valid US drivers license and cell phone number to keep it accurate, current and complete. You acknowledge that, if any information provided by you is or becomes inaccurate, not current or incomplete, we reserve the right to terminate your use of this application and related services. As a part of this registration process, you will be asked to select a password. You are responsible for the confidentiality and use of your password, any any other related identification number or code, and agree not to transfer or resell your use of access to this application to any third party. If you have reason to believe that your account with us is not lower secure, you must immediately notify us of the problem by clicking here, or sending us and email to: help@touiq.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY RELATED OR OTHER IDENTIFICATION NUMBER OR CODE, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING RESERVATION AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. For more information regarding data security issues, please see the “Data Security” section of the privacy policy accessible via a link provided in your Sign Up Welcome email, at the bottom of our website, or via the navigation on our website or application.
Code of Conduct. While using this application and/or any Site Materials, you agree not to:
• restrict or inhibit any other visitor from using this application or website, including without limitation, by means of “hacking.” “denial of service” attacks or defying any portion of this application;
• use this application or the Site Materials for any unlawful or unauthorized purpose;
• express or imply that any statements you make are endorsed by us, without our prior written
consent;
• transmit (a) any content or information that unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene, or otherwise objectionable, or infringes on our or any third party’s intellectual property or other right; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• engage in spamming or flooding;
• modify, adapt, sub-license, translate, sell, transfer, reverse engineer, recompile, or disassemble any
portion of this application or the Site Materials;
• “frame” or “mirror” any part of this application without our prior written authorization;
• tamper in any way with the software or functionality of this application, including, without limitation,
transmitting or posting any software or other materials to this application that contains any viruses, time bombs, Trojan horses, worms, cancelbots, or other computer programming routines that may damage, interfere with, intercept, or expropriate any systems, data or information;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this application or its contents;
• harvest or collect information about visitors or users of this application without their express consent;
• create a database by systematically downloading and storing all or any of the information on this application;
• make postings of a commercial nature; or
• permit others, including those who accounts were terminated, to access this application through your account, username, or password.
In addition, while using this application and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.
Subscribing, Making Reservations and Purchasing or Requesting Products or Services. If you wish to subscribe to share cars, make reservations or to purchase or request products or services described in the application, you and be asked by us (or, if you are purchasing or requesting the product or service through a co-branded area of the application, by the provider of such product or service) to supply certain data applicable to your reservation purchase, including, without limitation, credit or debit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by us in the manner described in the privacy policy on our website, and if a ToUIQ or Dryyv co-branded provider is involved, such data will treated by such provider in the manner set forth in that provider’s privacy statement; you acknowledge that we are not responsible for the information collection or privacy practices of these provides or any other third parties. You agree that all data that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
We reserve the right, without prior notification, to change and descriptions or images of, or references to, any products or services on this website, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to third party products or services do not necessarily imply our endorsement of such products and services.
Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by us or by our affiliates, licenses or associates. A summary of our current policies regarding car rental rate quotes, reservations and prepaid rentals is accessible form the application on which you are quoted a rate for rental by us.
Links. This application may contain links to other internet applications or websites and online resources. Links on this application to other applications, sites or resources shall not be construed as endorsement, control, review or approval of such other applications or sites, etc., by us. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services or information located on or through any other applications or site, nor for any loss or damages caused or alleged to have been caused by the use or reliance on any such application site or its’ content. Further, the treatment of user data by the operators of third party applications or sites may be different from our treatment of user data. For details regarding such operators’ treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
Use of “Cookies” and Other Tracking Technologies. We may use cookies and other technologies to facilitate and track your use of services offered on our application or our sites, and in connection with our e-mail communications to you. For more information on our use of such technology, please see the privacy ploy accessible in our application and on our website.
Accuracy of Information. Although we strive to ensure the accuracy of the information found on our application or sites, neither we, nor our affiliates, licensees, suppliers, or agents, canoe held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this application.
Disclaimers. WE PROVIDE THIS APPLICATION, THE SITE MATERIALS, AND ANY PRODUCTS OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS APPLICATION ON AS “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS TO NOT WARRANT THAT YOUR USE OF THIS APPLICATION OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR REATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED OT ACCESS AND USE THIS APPLICATION, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS OR VISITORS, WHETHER MADE ON THIS APPLICATION OUR SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGRD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS APPLICATION IS ENTIRELY AT YOUR OWN RISK.
Conflicts. In the event a conflict arises between any information posted on this application, this Agreement, and/or any contract you have with us, the terms and conditions with us will prevail over this Agreement and the information posited on our application, and this Agreement will prevail over information posted in our application.
Limitation of Liability. AS A CONDITION OF YOUR USE OF OUR APPLICATION, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTS COMMUNICATIONS, DAMAGES EXPNSE OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:
1. THE USE OF THIS APPLICATION, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS APPLICATION OF ANY INFORMATION OR MATERIALS FOUND IN THIS APPLICATION, OR OUR SITE, OR HYPERLINKED FROM THIS APPLICATION OR OUR SITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THS APPLICATION;
2. GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING, OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS APPLICATION OR SITE MATERIALS OR OUR ABIITY TO PROVIDE PRODUCTS OR SERVICES IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH THIS APPLICATION; OR
3. LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS APPLICATION, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION AND/OR SITE MATERIALS CONTAINED WITHIN THIS APPLICATION AND OUR SITE, IS TO STOP USING THIS APPLICATION AND/OR SITE MATERIALS AND OUR SITE, AS APPLICABLE
Indemnification. Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors and employees, from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of this Agreement, including any violation of the Code of Conduct above; and (b) your use of this application and engagement in transactions on this application including but not limited to, use of the Site Materials.
Availability of this application and the site. This application is usually available 24 hours a day, 7 days a week. However, we retain the right to make this application unavailable from time to time, for any reason, or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this application or our site.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet or applications infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent)) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyright work claimed to have been infringed (or if multiple copyrighted works located on this application are covered by a single notification, a representative list of such works), (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on this application; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that they use of that 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA: see http://www.copyright.gov for details. Notices and counter-notices with respect to this application or our site, should be sent to: General Counsel, ToUIQ Technologies, Inc. d.b.a, Dryyv, 2625 Middlefield Road, Palo Alto, CA 94306; or call 1 (877) MyDryyv, 1 (855) 693-7998. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA.
Applicable Law. Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of Delaware in the United States without regard to Delaware’s conflict law provisions. Specifically excluded from application to the Agreement is that law known as the United Nations Convention on the International Sale of Goods. If you are a citizen of the United States, a U.S. commonwealth or a U.S. territory, or if you are accessing this application from the United States, you hereby agree that any dispute arising under or in connection with the Agreement, this application, and or our site or site materials shall be submitted for resolution to either the U.S. District Court for the District of Delaware located in the city of _________ in the State of Delaware or a state court located in _______ County in Delaware, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. A different governing law and forum may apply only if each of the following is true with respect to you: (a) you are not a U.S. citizen; (b) you do not reside in the United States; and (c) you are not accessing this application or site from the United States. If each of these items is true with respect to you, and you are a citizen of one of the countries identified below, you hereby agree that any disputes arising under or in connection with this Agreement (including any offer policies referred to herein), this application and.or the site or site materials shall be governed by the applicable law set forth below, with our regard to any conflict of laws provision; and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs (without regard for any conflict of law provisions that would provide for the application of some other jurisdictions law).
Void Where Prohibited. Although this application is accessible worldwide, not all products or services discussed or references in this application are available to all persons or in all geographic locations or jurisdictions. In additional, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this application do so on their own initiative and at their own risk, and are responsible for compliance wit t he local laws, if and to the extend such local laws are applicable. You may not use or export the site materials or products and services available through this website in violation of applicable export laws and regulations. We and our affiliates, licensees, suppliers, and agents, receive the right to limit the availability of this application and/ or the provision of any product or service to any person, geographic area or jurisdiction we or they se desire, at any time and in our or their sole discretion.
If you are a citizen of: Governing law and forum:
Any African country England & Wales
Australia State fo Victoria
Brazil State of Sao Paulo
Canada Province of Ontario
Any European country England & Wales
Japan Japan
Korea Republic of Korea
Any Middle East country England & Wales
New Zealand New Zealand
Norway England & Wales
Switzerland England & Wales
If you are a citizen of any other Asian country other than Japan or Korea, the laws of the State of Delaware in the Unites States shall apply, without regard to Delaware’s conflict of law provisions.
Notwithstanding the foregoing, the law and forum governing any product or service that you purchase or otherwise obtain form us, our affiliates, licensees, or associates shall be as specified in the applicable contract with us pertaining the such product or service.
Other General Provisions. We reserve the right to immediately terminate your access to and use of this application or any portion therefore, or to eliminate any content, feature or service of this application or our site, at any time and for any reason, with our without cause. Headings found in the Agreement are for reference only. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be son trued as a waiver of any provision or right. This, together with any of our polices referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except when other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of the Agreement, with shall remain in full force and effect. This Agreement is not assignable, transferrable or sub-licensable b you, except with our prior written consent.
Legal Notice for Canadian Residents. This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. I this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communication between the parties hereunder shale in English. Il est de la volonté expresse des parties que le present contrat et tous les documents qui s’y rattachent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.
Legal Notice for California Residents. Under California Civil Code, Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights information:
Pricing Information. Current rates for our multi-car subscription car or car rentalshare services may be obtained by calling Dryyv at 1 (877) MyDryyv, 1 (855) 693-7998 or writing us at, ToUIQ Technologies, Inc., d.b.a Dryyv, 2625 Middlefield Road, Palo Alto, CA 94306. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees and any time as provided in this Agreement.
Complaints. The Consumer Information Center of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA, 95834, or by telephone at 1 (916) 445-1254, or 1 (800 952-5210. Hearing-impaired persons may call TDD 1 (916) 928-1227, or TDD 1 (800) 326-2297.
Application and WebsiteOperator and Contact Information. This application and our website are operated by ToUIQ Technologies, Inc., d.b.a., Dryyv.
Our Corporate Headquarters:
Dryyv (ToUIQ Technologies Inc., d.b.a, Dryyv)
2625 Middlefield Road
Palo Alto, CA 94306
1(877) MyDryyv,
1(855) 693-7998
© 2021, 2022, 2023 ToUIQ Technologies, Inc., d.b.a., Dryyv. All Rights Reserved.
We offer this application and website (“application” and “website” and/or “site” can be interchanged for purposes of this Agreement), subject to the following terms and conditions (“Agreement”). Please read this Agreement carefully before using this application. By using this application, you accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this application. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this application; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit, by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of this application following the posting of any changes constitutes acceptance of those changes.
As used in this Agreement, the terms “we” and “us” mean ToUIQ Technologies, Inc., d.b.a, Dryyv, and the companies in which The ToUIQ Corporation and d.b.a, Dryyv, directly or indirectly owns a majority interest, commonly called “subsidiaries.” We operate vehicle rental share and related businesses, ride share and retail vehicle sales, and claims administration businesses. Our “licensees” include independent companies in the vehicle rental share business, and in the ride share and retail vehicle sales, and claims administration businesses, that are licensed to operate such businesses using a trade name and trademarks and service marks owned by us, which often incorporate the “ToUIQ” or “Dryyv” marks. Because the licensees are independent of us, they are not our subsidiaries and thus are not included in the terms “we” and “us.” Our “affiliates” at any time are the companies (other than us) that at the time control us or are under common control with us; the terms “we” and “us” do not include affiliates.
Copyright. Formal notice of copyright ownership appears on this application. All rights reserved. United States and international copyright laws protect all images, text, programs, and other materials found on this application (the Application and/or Website “Site Materials”). Any commercial use of any of the Site Materials is prohibited without the express written consent of ToUIQ Technologies, Inc., d.b.a, Dryyv You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this application, and acknowledge that you do not acquire any ownerships rights by using this application of the Site Materials.
Privacy. Any personally identifiable data about you which we collect from you in the application or on our website, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the privacy polity that is applicable to this application. For more information, please carefully review the applicable privacy policy, which is accessible via a link at the bottom of our website, and within the navigation from our homepage on our website and in our application.
Registration. Access to some areas and use of some functions of this and any of our other applications or websites may require you to be or become a participant in or a member or user of a particular ToUIQ or Dryyv program. When and if you register to become a participant, user or member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form and process (including your e-mail address, valid US drivers license and cell phone number), and (b) to maintain and update your information (including your e-mail address, valid US drivers license and cell phone number to keep it accurate, current and complete. You acknowledge that, if any information provided by you is or becomes inaccurate, not current or incomplete, we reserve the right to terminate your use of this application and related services. As a part of this registration process, you will be asked to select a password. You are responsible for the confidentiality and use of your password, any any other related identification number or code, and agree not to transfer or resell your use of access to this application to any third party. If you have reason to believe that your account with us is not lower secure, you must immediately notify us of the problem by clicking here, or sending us and email to: help@touiq.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY RELATED OR OTHER IDENTIFICATION NUMBER OR CODE, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING RESERVATION AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. For more information regarding data security issues, please see the “Data Security” section of the privacy policy accessible via a link provided in your Sign Up Welcome email, at the bottom of our website, or via the navigation on our website or application.
Code of Conduct. While using this application and/or any Site Materials, you agree not to:
• restrict or inhibit any other visitor from using this application or website, including without limitation, by means of “hacking.” “denial of service” attacks or defying any portion of this application;
• use this application or the Site Materials for any unlawful or unauthorized purpose;
• express or imply that any statements you make are endorsed by us, without our prior written
consent;
• transmit (a) any content or information that unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene, or otherwise objectionable, or infringes on our or any third party’s intellectual property or other right; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• engage in spamming or flooding;
• modify, adapt, sub-license, translate, sell, transfer, reverse engineer, recompile, or disassemble any
portion of this application or the Site Materials;
• “frame” or “mirror” any part of this application without our prior written authorization;
• tamper in any way with the software or functionality of this application, including, without limitation,
transmitting or posting any software or other materials to this application that contains any viruses, time bombs, Trojan horses, worms, cancelbots, or other computer programming routines that may damage, interfere with, intercept, or expropriate any systems, data or information;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this application or its contents;
• harvest or collect information about visitors or users of this application without their express consent;
• create a database by systematically downloading and storing all or any of the information on this application;
• make postings of a commercial nature; or
• permit others, including those who accounts were terminated, to access this application through your account, username, or password.
In addition, while using this application and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.
Subscribing, Making Reservations and Purchasing or Requesting Products or Services. If you wish to subscribe to share cars, make reservations or to purchase or request products or services described in the application, you and be asked by us (or, if you are purchasing or requesting the product or service through a co-branded area of the application, by the provider of such product or service) to supply certain data applicable to your reservation purchase, including, without limitation, credit or debit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by us in the manner described in the privacy policy on our website, and if a ToUIQ or Dryyv co-branded provider is involved, such data will treated by such provider in the manner set forth in that provider’s privacy statement; you acknowledge that we are not responsible for the information collection or privacy practices of these provides or any other third parties. You agree that all data that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
We reserve the right, without prior notification, to change and descriptions or images of, or references to, any products or services on this website, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to third party products or services do not necessarily imply our endorsement of such products and services.
Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by us or by our affiliates, licenses or associates. A summary of our current policies regarding car rental rate quotes, reservations and prepaid rentals is accessible form the application on which you are quoted a rate for rental by us.
Links. This application may contain links to other internet applications or websites and online resources. Links on this application to other applications, sites or resources shall not be construed as endorsement, control, review or approval of such other applications or sites, etc., by us. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services or information located on or through any other applications or site, nor for any loss or damages caused or alleged to have been caused by the use or reliance on any such application site or its’ content. Further, the treatment of user data by the operators of third party applications or sites may be different from our treatment of user data. For details regarding such operators’ treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
Use of “Cookies” and Other Tracking Technologies. We may use cookies and other technologies to facilitate and track your use of services offered on our application or our sites, and in connection with our e-mail communications to you. For more information on our use of such technology, please see the privacy ploy accessible in our application and on our website.
Accuracy of Information. Although we strive to ensure the accuracy of the information found on our application or sites, neither we, nor our affiliates, licensees, suppliers, or agents, canoe held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this application.
Disclaimers. WE PROVIDE THIS APPLICATION, THE SITE MATERIALS, AND ANY PRODUCTS OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS APPLICATION ON AS “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS TO NOT WARRANT THAT YOUR USE OF THIS APPLICATION OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR REATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED OT ACCESS AND USE THIS APPLICATION, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS OR VISITORS, WHETHER MADE ON THIS APPLICATION OUR SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGRD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS APPLICATION IS ENTIRELY AT YOUR OWN RISK.
Conflicts. In the event a conflict arises between any information posted on this application, this Agreement, and/or any contract you have with us, the terms and conditions with us will prevail over this Agreement and the information posited on our application, and this Agreement will prevail over information posted in our application.
Limitation of Liability. AS A CONDITION OF YOUR USE OF OUR APPLICATION, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTS COMMUNICATIONS, DAMAGES EXPNSE OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:
1. THE USE OF THIS APPLICATION, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS APPLICATION OF ANY INFORMATION OR MATERIALS FOUND IN THIS APPLICATION, OR OUR SITE, OR HYPERLINKED FROM THIS APPLICATION OR OUR SITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THS APPLICATION;
2. GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING, OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS APPLICATION OR SITE MATERIALS OR OUR ABIITY TO PROVIDE PRODUCTS OR SERVICES IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH THIS APPLICATION; OR
3. LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS APPLICATION, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION AND/OR SITE MATERIALS CONTAINED WITHIN THIS APPLICATION AND OUR SITE, IS TO STOP USING THIS APPLICATION AND/OR SITE MATERIALS AND OUR SITE, AS APPLICABLE
Indemnification. Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors and employees, from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of this Agreement, including any violation of the Code of Conduct above; and (b) your use of this application and engagement in transactions on this application including but not limited to, use of the Site Materials.
Availability of this application and the site. This application is usually available 24 hours a day, 7 days a week. However, we retain the right to make this application unavailable from time to time, for any reason, or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this application or our site.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet or applications infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent)) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyright work claimed to have been infringed (or if multiple copyrighted works located on this application are covered by a single notification, a representative list of such works), (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on this application; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that they use of that 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA: see http://www.copyright.gov for details. Notices and counter-notices with respect to this application or our site, should be sent to: General Counsel, ToUIQ Technologies, Inc. d.b.a, Dryyv, 2625 Middlefield Road, Palo Alto, CA 94306; or call 1 (877) MyDryyv, 1 (855) 693-7998. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA.
Applicable Law. Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of Delaware in the United States without regard to Delaware’s conflict law provisions. Specifically excluded from application to the Agreement is that law known as the United Nations Convention on the International Sale of Goods. If you are a citizen of the United States, a U.S. commonwealth or a U.S. territory, or if you are accessing this application from the United States, you hereby agree that any dispute arising under or in connection with the Agreement, this application, and or our site or site materials shall be submitted for resolution to either the U.S. District Court for the District of Delaware located in the city of _________ in the State of Delaware or a state court located in _______ County in Delaware, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. A different governing law and forum may apply only if each of the following is true with respect to you: (a) you are not a U.S. citizen; (b) you do not reside in the United States; and (c) you are not accessing this application or site from the United States. If each of these items is true with respect to you, and you are a citizen of one of the countries identified below, you hereby agree that any disputes arising under or in connection with this Agreement (including any offer policies referred to herein), this application and.or the site or site materials shall be governed by the applicable law set forth below, with our regard to any conflict of laws provision; and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs (without regard for any conflict of law provisions that would provide for the application of some other jurisdictions law).
Void Where Prohibited. Although this application is accessible worldwide, not all products or services discussed or references in this application are available to all persons or in all geographic locations or jurisdictions. In additional, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this application do so on their own initiative and at their own risk, and are responsible for compliance wit t he local laws, if and to the extend such local laws are applicable. You may not use or export the site materials or products and services available through this website in violation of applicable export laws and regulations. We and our affiliates, licensees, suppliers, and agents, receive the right to limit the availability of this application and/ or the provision of any product or service to any person, geographic area or jurisdiction we or they se desire, at any time and in our or their sole discretion.
If you are a citizen of: Governing law and forum:
Any African country England & Wales
Australia State fo Victoria
Brazil State of Sao Paulo
Canada Province of Ontario
Any European country England & Wales
Japan Japan
Korea Republic of Korea
Any Middle East country England & Wales
New Zealand New Zealand
Norway England & Wales
Switzerland England & Wales
If you are a citizen of any other Asian country other than Japan or Korea, the laws of the State of Delaware in the Unites States shall apply, without regard to Delaware’s conflict of law provisions.
Notwithstanding the foregoing, the law and forum governing any product or service that you purchase or otherwise obtain form us, our affiliates, licensees, or associates shall be as specified in the applicable contract with us pertaining the such product or service.
Other General Provisions. We reserve the right to immediately terminate your access to and use of this application or any portion therefore, or to eliminate any content, feature or service of this application or our site, at any time and for any reason, with our without cause. Headings found in the Agreement are for reference only. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be son trued as a waiver of any provision or right. This, together with any of our polices referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except when other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of the Agreement, with shall remain in full force and effect. This Agreement is not assignable, transferrable or sub-licensable b you, except with our prior written consent.
Legal Notice for Canadian Residents. This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. I this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communication between the parties hereunder shale in English. Il est de la volonté expresse des parties que le present contrat et tous les documents qui s’y rattachent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.
Legal Notice for California Residents. Under California Civil Code, Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights information:
Pricing Information. Current rates for our multi-car subscription car or car rentalshare services may be obtained by calling Dryyv at 1 (877) MyDryyv, 1 (855) 693-7998 or writing us at, ToUIQ Technologies, Inc., d.b.a Dryyv, 2625 Middlefield Road, Palo Alto, CA 94306. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees and any time as provided in this Agreement.
Complaints. The Consumer Information Center of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA, 95834, or by telephone at 1 (916) 445-1254, or 1 (800 952-5210. Hearing-impaired persons may call TDD 1 (916) 928-1227, or TDD 1 (800) 326-2297.
Application and WebsiteOperator and Contact Information. This application and our website are operated by ToUIQ Technologies, Inc., d.b.a., Dryyv.
Our Corporate Headquarters:
Dryyv (ToUIQ Technologies Inc., d.b.a, Dryyv)
2625 Middlefield Road
Palo Alto, CA 94306
1(877) MyDryyv,
1(855) 693-7998
© 2021, 2022, 2023 ToUIQ Technologies, Inc., d.b.a., Dryyv. All Rights Reserved.
