Last updated: January 2018
YOU SHOULD UNDERSTAND HOW THE LAWS AND POLICIES WORK IN YOUR CITY AND UNDER YOUR HOMEOWNER’S ASSOCIATION POLICIES OR RENTAL AGREEMENT. SOME CITIES HAVE LAWS THAT RESTRICT YOUR ABILITY TO OFFER CERTAIN KINDS OF PARKING SERVICES. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. YOUR HOMEOWNER’S ASSOCIATION POLICIES OR RENTAL AGREEMENT MAY ALSO PROHIBIT YOUR ABILITY TO OFFER CERTAIN KINDS OF PARKING SERVICES OR THE OPERATION OF A BUSINESS. OWNERS SHOULD REVIEW LOCAL LAWS AND THEIR HOMEOWNER’S ASSOCIATION POLICIES OR RENTAL AGREEMENT BEFORE LISTING A PARKING SPACE THROUGH OUR SERVICES.
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and us. 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. We 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.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
We may amend the Terms related to the Services from time to time. Amendments will be effective upon the posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Be safe, please do not access or use our Services while you are driving!
YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE TRANSPORTATION OR PUBLIC PARKING SERVICES, AND WE DO NOT DIRECTLY RENT PARKING SPACES TO YOU. OUR SERVICES MAY BE USED BY YOU TO POST AVAILABLE PARKING SPACES AND TO SCHEDULE AND RESERVE PARKING SPACES, BUT YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PARKERS, PARKERS’ VEHICLES, OWNERS, OR PARKING SPACES PROVIDED THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
WE DO NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF PARKERS OR OWNERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A PARKER OR OWNER WILL MEET YOUR NEEDS AND EXPECTATIONS. WE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND ANOTHER USER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING OTHER USERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF SERVICES IS AT YOUR OWN RISK AND JUDGMENT. WE SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH OTHER USERS.
By using our website(s) or application(s), you agree to comply with and be legally bound by these Terms and all other rules and policies we post from time to time whether or not you become a registered user of the Services. In order to provide or rent a parking space (“Parking Space”), each Parker and Owner will be required to register an account with us (“Account”). These Terms apply to all users of the Services regardless of how you access or use the Services. Failure to use the Services in accordance with these Terms may subject you to severe civil and criminal penalties.
You represent and warrant that you are at least 18 years old. Otherwise, you’re not permitted to use the Service. We reserve the right to refuse to offer the Services to any person or entity and change eligibility criteria anytime. You are responsible for complying with all applicable laws, which may change from time to time without notice. The Services are offered for your personal use only.
To use the Services, you will be required to register your Account. When you set up your Account and user profile, you must provide accurate and complete information. It is your responsibility to keep your Account information current. You are not permitted to do any of the following: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. Do not use another person’s Account or registration information for the Services without permission, or publish, distribute or post login info for your Account. You are responsible for keeping your password secret. You must notify us immediately of any breach of security or unauthorized use of your Account. You may delete your Account by contacting us or through the Account settings. We are not liable to you for any unauthorized disclosures of your Account information.
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 a wireless-enabled 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. We do 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.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by updating your preferences on your Account. Generally, you may not opt-out of communications which are not promotional in nature. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
We may, in our sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services, subject to terms that we establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or reasonably believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Content and User Content.
“Content” includes rental space and user photos and information, location information, videos, audio clips, written posts and comments, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content can be posted by us, third parties, or users.
All Content that is added, created, uploaded, submitted, distributed, or posted to the Services by you or other users is called “User Content.” Some User Content is publicly posted or privately transmitted. User Content is the sole responsibility of the originator. All Content that you access by using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Sometimes, you may delete or remove your User Content, either yourself or through a request made through our website. When your User Content is deleted, it will be removed from the Services, but it may persist in backup copies for a reasonable period of time (but will not, following removal, be shared with others).
The format and content of the Services is protected by U.S. and international copyright. We reserve all rights in relation to our copyright (whether owned or licensed to us) and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our express written consent. You shall maintain, and not destroy or obscure, all copyright notices, information, and restrictions contained in any Content accessed through the Services for Content provided by us, our partners or users.
We are not responsible for anything another user posts on the Services. We can’t promise that any Content will be made through the Services and we don’t have an obligation to monitor the Services. However, we reserve the right to (i) remove, edit or modify any Content whenever we want without notice to you for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
Subject to these Terms, we grant each user of the Services (including apps downloaded through third party services) a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, reverse engineer, decompile, or otherwise use or exploit the Service, including any of its individual components, any application, or Content, except as permitted by applicable law.
By submitting User Content through the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels (including, without limitation, APIs, third party websites and feeds). You also grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, these license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
In the event that Owner and Parker agree upon the rental of a Parking Space through the Services, Owner hereby grants to Parker a personal, limited, non-transferable, right to use and occupy the Parking Space during the Rental Period for Parker’s personal use only. Parker is not a tenant of Owner and has not been granted exclusive possession of the Parking Space.
Parking Space Listings
As a registered user, you may create Parking Space listings (“Listings”). To create a Listing, you will be asked a variety of questions about the Parking Space to be listed, including, but not limited to, the location, capacity, size, features, dates of availability, length of rental period (“Rental Period”) and pricing and related rules and financial terms. In order to be featured in Listings through the Services, all Parking Space locations must have valid physical addresses. Listings will be made generally available through the Services. Other registered users will be able to book your Parking Space through the Services based upon the information provided in your Listing. In order to create a Listing, you must be the owner or exclusive tenant of the Parking Space. Upon creation of a Listing, Company may request Owner provide proof of ownership or possession of the Parking Space, including but not limited to, requesting Owner submit a utility bill in the Owner’s name for the physical address of the Parking Space. Company reserves the right to remove any Listing where Company cannot verify Owner’s claim of ownership of the Parking Space.
If your Listing is set for automatic booking, you acknowledge and agree that the bookings will be done automatically and you will not have the ability to review and accept or reject the Parker at any time.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), tax requirements, and rules and regulations that may apply to any Parking Space, and (b) not conflict with the rights of third parties. We assume no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason. Company disclaims any responsibility for the legitimacy of Owner’s Listing and Owner agrees to indemnify Company and Parker for liability and damages resulting from any Listing created by mistake or by fraud.
We recommend that Owners obtain appropriate insurance for their property. Please review any insurance policy that you may have for your property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Parkers and their invited guests while on your property.
After booking of the Parking Space is complete, we will send a confirmation email and or text message to each of Parker and Owner providing details of the parking reservation.
Parker acknowledges and agrees that he/she is responsible for the actions or inactions of any person he/she allows to drive the vehicle to or from the Parking Space and or accompany them in the vehicle.
Parker warrants that it will not utilize the Services while driving. Parker warrants that he/she will drive responsibly and comply with local traffic laws and will only utilize the Services in a safe situation such as when the vehicle is parked.
Parker is responsible for Parker’s safety and the safety of Parker’s vehicle during the Rental Period, except as otherwise provided herein. Parker acknowledges and agrees that the Parking Space is someone else’s property and Parker will not access any other part of the property to which the Parking Space is attached, except as reasonably required to access the Parking Space.
Parker is responsible for obtaining and maintaining vehicle insurance that meets or exceeds the requirements of applicable laws. No insurance is provided by Company or Owner.
Parker is responsible for returning the Parking Space and surrounding area to Owner as Parker found it, excluding normal wear and tear. Parker will indemnify and hold harmless Owner against all loss, liability, damages, costs and expenses arising out of Parker’s use of the Parking Space and surrounding area, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of Owner.
No commercial use or activity is permitted. Parker will not allow any other person or vehicle to occupy the Parking Space at any time during the Rental Period. If anyone other than the named Parker attempts to use the Parking Space, or if anyone attempts to park a different vehicle in the Parking Space during the Rental Period, Owner has the right to refuse access to the individual and the vehicle.
Parker will: (i) park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property; (ii) immediately notify Owner and Company of any damage to the Parking Space, any person, or any other vehicles or property that occurs during the Rental Period; (iii) not do anything which is a nuisance, annoyance, inconvenience or disturbance to Owner or to the owner or occupier of neighboring property; (iv) not conduct any illegal or immoral activity on or from the Parking Space; (v) not use the Parking Space for any purpose other than for parking.
Owner represents and warrants that he/she is the owner of the Parking Space or the person authorized to rent the Parking Space. Owner acknowledges and agrees that he/she is responsible for the actions or inactions of any person they allow to assist in the renting of the Parking Space to Parker and of any person they allow on the Parking Space or surrounding area during the Rental Period.
Owner will not deliberately do or omit to do anything that puts Parker or Parker’s vehicle at risk. Owner will indemnify and hold harmless the Parker against all loss, liability, damages, costs and expenses arising from the Owner’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Parker.
Owner will make the Parking Space available for the duration of the Rental Period, and will not obstruct or prevent Parker from parking in the Parking Space. Owner is not required to permit access to the Parking Space to any person other than Parker and Parker’s vehicle, as provided in the Confirmation Communication.
Owner will: (i) be reasonably available by telephone, text, or email, as applicable, prior to and during the Rental Period; (ii) provide easy ingress to and egress from the Parking Space at all times during the Rental Period; (iii) provide the Parking Space to Parker in a reasonably clean and organized manner that is free of debris and other obstructions.
As a Parker, you understand and agree that use of the Services will result in payments by you for the reservation of parking spaces from an Owner, and as an Owner, you understand and agree that use of the Services will result in a periodic subscription fee payable by you based on your Listings, as provided on the Company website (collectively, “Charges”). For Parkers, we will facilitate payment of the applicable Charges on behalf of the Owner, as the Owner’s limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges by a Parker in such manner shall be considered the same as payment made directly by you to the Owner. Charges will be inclusive of applicable taxes, where required by law, charges and fees. Charges paid by you are final and non-refundable, unless otherwise determined by us. Long-term reservations may require a deposit, automatic payments, or ongoing payments, as set forth in the Listing.
All Charges are due immediately. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may, as the Owner’s limited payment collection agent, use a secondary payment method in your Account, if available.
We reserve the right to establish, remove, or revise fees that we charge to Owners or Parkers for use of the Services at any time in our sole discretion (“Fees”). We will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred under your Account regardless of your awareness of such Fees or the amounts thereof.
We may from time to time provide certain users with promotional offers and discounts that may result in different Charges or Fees for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges or Fees applied to you.
This payment structure is intended to fully compensate the Owner for the services provided. Following the Rental Period, you will have the opportunity to rate your experience and leave additional feedback about the Parker, Parking Space, and Owner, as applicable.
Tax regulations may require us to collect appropriate tax information from our Owners, or to withhold taxes from payouts to Owners, or both. You as a Owner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as an Owner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to withhold such amounts as required by law and terminate your Account.
If, as an Owner, you earn more than $600 (or another amount proscribed by relevant tax authorities) from the rental of your Parking Space(s), we will send you a year-end IRS Form 1099 reflecting the amount earned. You may be required to pay income taxes based on the amount of income you received from the rental of your Parking Space(s). You as an Owner understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in Listings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. We cannot and do not offer tax-related advice to any users. You agree that we may seek additional amounts from you in the event that the taxes collected or remitted are insufficient to fully discharge your obligations to the applicable tax authority
Cancellations and Refunds
All cancellations must be made through the Service and in accordance with the applicable cancellation policy. We will not be responsible or liable for refunding any amounts or modifying any Listings or cancellations other than as provided herein.
If an Owner cancels a confirmed booking made through the Services, (i) we will refund the Charges and Parker’s Fee for the reservation to Parker within a commercially reasonable time of the cancellation, and (ii) Parker may receive an email or other communication from us containing alternative Listings and other related information.
If, as an Owner, you cancel a confirmed booking, we may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
A Parker cannot cancel an existing and paid for reservation. Charges and Fees are non-refundable.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of Owner’s property or Parker’s vehicle, as applicable, resulting from your use of the Parking Space in excess of normal “wear and tear” damages (“Repair or Cleaning”).
Both Owners and Parkers agree to cooperate with and assist us in good faith, and to provide us with all information and take the actions as we may reasonably request, in connection with any complaints or claims made by users relating to Owners, Parkers, Parkers’ vehicles, or any personal or other property located at or around a Parking Space or in a vehicle or with respect to any investigation undertaken by us or our representatives regarding use or abuse of the Services.
You are responsible for all of your activity in connection with the Services. We are not involved with the in-person interactions between users. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms.
You covenant to Company that you will not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy); (ii) you know is false, misleading, misrepresentative, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other info of ours or of any third party; (vi) impersonates any person or entity, including any of our employees or representatives; (vii) is used to stalk, harass or otherwise annoy any other user or collect or store information about any other user other than for the purposes of completing a transaction through the Services; (viii) offers any parking space to which you do not have legal rights; (ix) discloses any other user’s identification documents or sensitive financial information; or (x) encourages or assists a third party to engage in any of the foregoing.
Further, You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) otherwise take any action in violation of our guidelines and policies; or (viii) encourage or assist a third party to engage in any of the foregoing.
We reserve the right to access, read, preserve, and disclose any info as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Services.
The Services acquire information from third party services, such as Facebook, Foursquare, LinkedIn, Twitter and other social networks and internet sources (“Third Party Services”). The Services may permit you to link to and otherwise interact with third party resources on the Internet: you do so at your own risk. The Service may allow you to post geolocation data and other information to these Third Party Services. We don’t control these websites or applications. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.
User Disputes and Dispute Resolution.
We are not responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between users. Any dispute between you and another user must be resolved between yourselves as follows:
The parties agree that if any dispute arises between Owner and Parker related to the Parking Space, Owner’s property, Parker’s vehicle or otherwise, the parties will attempt to resolve such dispute through direct communications for a period of 30 days. Any agreement reached between the parties may be paid directly by one party to the other or directed to Company to facilitate payment. Company will not make any payments hereunder without a signed, written agreement between the parties. In the event that a dispute cannot be resolved directly it is agreed that either party may take whatever legal action it deems necessary and appropriate.
Any dispute between users shall be governed by and construed in accordance with the laws of the state in which the Parking Space is located, including its conflicts of law rules. The parties to the dispute agree that any dispute between them arising from or relating to the Parking Space or rental thereof shall be governed by the exclusive jurisdiction and venue of the state and federal courts of the county and state in which the Parking Space is located.
Disputes with Company and Dispute Resolution
For any dispute between you and the Company:
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and the Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section below as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if the Company changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing us written notice of such rejection by mail or hand delivery to: Dock, Inc [11927 Gorham Ave Unit 102 Los Angeles, CA 90049], or by email from the email address associated with your Account to: [firstname.lastname@example.org], within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). For greater clarity, your access to the Services for purposes of reviewing updates to these Terms will not be deemed an acceptance of the updated Terms for purposes of rejecting the Dispute Resolution provision as contemplated herein.
Release of Claims Against Company.
Owner and Parker each hereby fully and forever release Company and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the “Company Parties”), and hereby fully and forever discharge and agree to hold the Company Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Owner or Parker on the one hand and the Company Parties, or any of them, on the other hand in connection with this agreement.
Waiver of California Civil Code Section 1542. Owner and Parker each hereby understands and agrees that the general release of the Company Parties set forth above extends to all claims of every nature and kind, whether now known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist. With respect to such release, Owner and Parker each expressly waives and relinquishes any and all rights under Section 1542 of the California Civil Code, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
We take customer service and user experience very seriously. We love feedback. Therefore, we encourage you to leave detailed honest feedback about our Services and other users. In the event that anything inappropriate, offensive, disturbing or potentially criminal happens, you must immediately report this and the responsible party to the local police. Then, please contact us with the name of the police station, the police report number, date and time of the incident, parties involved, and any other facts. Your report to us does not require us to take legal action or engage with any legal or governmental authorities on your behalf or incur any liability upon us to you or any other party.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all info associated with your Account. If you wish to terminate your Account, you may do so by contacting us or through the Account settings. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. YOU ACKNOWLEDGE THAT OWNERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED US$100.00.
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. USE COMMON SENSE AND PRIORITIZE SAFETY. WE DO NOT COMPLETE BACKGROUND CHECKS ON USERS OR MAKE ANY REPRESENTATIONS ABOUT THE LOCATION, SAFETY, OR QUALITY OF THE USERS, PARKING SPACES, OR SERVICES. THE SERVICES AND CONTENT ARE PROVIDED “AS-IS”, “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) our use of your User Content; or (iv) your violation of the rights of any third party.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Los Angeles County, California. The foregoing will not apply to disputes between users.
Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Force Majeure. We shall not be liable for any failure to perform any obligations where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms are personal to you, and are not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email@example.com].
No Waiver. All waivers must be in writing through one of our authorized representatives. If either party fails to exercise any rights, this is not deemed a waiver of any further rights hereunder.