Parkade, Inc. (“Parkade,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://parkade.com/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms” or “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PARKADE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. YOU CAN OPT OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING HELLO@PARKADE.COM WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS OF SERVICE AND STATING YOUR FIRST AND LAST NAME AND THAT YOU DECLINE THE TERMS TO ARBITRATE.
If you represent a property, property management, parking facility, or other organization utilizing our parking management and related services, our Customer Terms of Service located at https://parkade.com/customer-terms-of-service governs our provision of services to you.
Services Description: The Service is designed to provide a platform which enables individuals who own or have the right to use a parking spot in a particular closed community (e.g., residential building/community, office building, etc.) (“Parking Spot Owners”) to (i) connect with other members of such closed community who have a need for a parking spot in that community (“Parking Spot Seekers”), and (ii) share their parking spot(s) with such Parking Spot Seekers when their parking spot(s) are not in use. Any person who accesses or uses the Services, whether as a Parking Spot Owner or a Parking Spot Seeker, on his or her own behalf or on behalf of any third party, will be referred to herein as a “user.”
Member Account, Password and Security: To access certain features of the Service, you may be required to register an account. If you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, and mobile number. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. Your account is personal to you, and your account and any related benefits, including discount codes or similar benefits may not be shared with third parties, including other users. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Parkade of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Parkade will not be liable for any loss or damage arising from your failure to comply with this Section. You further agree to indemnify, defend, and hold harmless the Parkade Parties (as defined below) from and against any claims, losses, damages, and other harm arising in connection with the unauthorized use (including without limitation any use by a person or entity other than you, and any use not expressly permitted by these Terms of Service) of your account credentials.
Modifications to Service: Parkade reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Parkade will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Parkade may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Parkade’s servers on your behalf. You agree that Parkade has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Parkade reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Parkade reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Parkade and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Parkade account information to ensure that your messages are not sent to the person that acquires your old number.
Parking Listings: When creating a parking spot listing (“Listing”) on the Service, Parking Spot Owners must (i) provide complete and accurate information about the parking spot (such as specific location and availability timeslots), (ii) disclose any deficiencies, restrictions and requirements that apply; and (iii) provide any other pertinent information (e.g., EV status of parking spot or vehicle to be parked, size of parking spot or vehicle to be parked). Parking Spot Owners are responsible for keeping Listings (including calendar availability) up to date at all times. Parking Spot Seekers acknowledge and agree that Parkade does not and is not obligated to independently verify the content of Listings.
Parking Spot Owners represent and warrant that any Listing they post and sharing of such parking spot, will (i) not breach any agreements entered into with any third parties, such as homeowners association, condominium, employer policies, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), and other rules and regulations (including having all required permits, licenses and registrations) and will in no event result in Parkade violating any applicable law or being miscategorized as a parking operator of record.
The placement and ranking of Listings in search results on the Services may vary and depend on a variety of factors, such as Parking Spot Seekers’ search parameters and preferences, price and calendar availability, reviews, ratings, etc.
When a Parking Spot Owner accepts or has pre-approved a booking request by a Parking Spot Seeker, the Parking Spot Owner enters into a legally binding agreement with the Parking Spot Seeker and is required to provide the agreed upon parking spot to the Parking Spot Seeker as described in the Listing when the booking request was made. You also agree to pay all applicable fees and taxes, as described further below.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Parkade. Parkade reserves the right to investigate and take appropriate legal action against anyone who, in Parkade’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
We may take any legal or operational action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
Each Parking Spot Owner agrees that a payment made by a Parking Spot Seeker via the Service shall be considered the same as a payment made directly to the Parking Spot Owner, and that the Parking Spot Owner will make the parking spot available to the Parking Spot Seeker in the agreed-upon manner as if the Parking Spot Owner has received the payment. Each Parking Spot Owner understands that Parkade accepts payments from Parking Spot Seekers as the Parking Spot Owner’s limited payment collection agent and that Parkade’s obligation to pay the Parking Spot Owner is subject to and conditional upon (i) successful receipt of the associated payments from Parking Spot Seekers, and (ii) Parkade’s confirmation that the Parking Spot Owner has made the parking spot available in accordance with the agreed upon booking. Parkade does not guarantee payments to Parking Spot Owners for amounts that have not been successfully received by Parkade from Parking Spot Seekers, or in the event Parkade determines a payment should be returned to a Parking Spot Seeker due to the Parking Spot Owner not making the parking spot available at the agreed day, time, and location, or otherwise impeding in any manner the use of the parking spot(s) by the Parking Spot Seeker(s).
In accepting appointment as the limited collection agent of the Parking Spot Owner, Parkade assumes no liability for any acts or omissions of the Parking Spot Owner. Parking Spot Owners understand and agree that they are responsible for determining any applicable tax reporting requirements and agree to pay any taxes applicable to the fees they collect via the Services.
“Parking Fees” are the fees payable by a Parking Spot Seeker for use of a parking spot provided by a Parking Spot Owner. The Parking Spot Owner, and not Parkade, is solely responsible for setting their Parking Fees. Parking Spot Seekers will see and will have to agree to applicable Parking Fees before booking a Listing.
Independent of the Parking Fees, Parkade may charge Parking Spot Owners a service fee for use of the Services, which may include third party fees as well (e.g., fees charged by applicable government entities, the building/property owner, etc.) (“Service Fee”). The Service Fee will be specified via the Services. Parking Spot Owners authorize Parkade to deduct the Service Fee from the applicable Parking Fees before issuing a payout to the Parking Spot Owner. Where applicable, taxes may also be charged in respect to the Service Fee.
Cancellations and refunds are subject to the Reservation Terms. Except as expressly stated otherwise, Service Fees are non-refundable, and any refunds are at our sole discretion. We reserve the right to modify or charge additional Service Fees at any time. Parking Spot Seekers agree to pay applicable Parking Fees and any applicable taxes for any booking confirmed in connection with their Parkade account.
Parking Spot Seekers acknowledge and agree that Parkade acts as the Parking Spot Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Parking Spot Owner. Upon your payment of the Parking Fees (and applicable taxes) to Parkade, your payment obligation to the Parking Spot Owner for the parking reservation is extinguished, and Parkade is responsible for remitting the payment (less the Service Fee and applicable taxes). In the event that Parkade does not remit any such amounts as described in these Terms, the Parking Spot Owner will have recourse only against Parkade. Parkade will initiate payment of the Parking Fees (less the Service Fee) to the Parking Spot Owner upon confirmed completion of the booked Listing (except to the extent that a refund is due to the Parking Spot Seeker). You also acknowledge and agree that you will pay, and authorize us to charge, deduct, or otherwise collect, any and all applicable fines, penalties, or other amounts payable pursuant to your use or misuse of the Services.
You represent and warrant to Parkade that in connection with any fees or payable amounts, your credit card or other payment instrument is accurate and up-to-date and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Parkade all amounts specified in the Services or pursuant to these Terms, and you hereby authorize Parkade to bill your payment instrument in accordance with the same.
If you dispute any charges, you must let Parkade know within s (7) days after the date that Parkade charges you. If you dispute any charges for any fees, including penalties, reservation costs, or any other Parkade-related fee, Parkade reserves the right to take remedial actions, including but not limited to: (1) immediately canceling any and all existing reservations made by you on its platform, (2) prohibiting you from using Parkade's services to reserve or host on its platform, (3) collecting upon any penalties or fees associated with your filing of the dispute (4) rany vehicle still parked in a spot/zone whose payment has been contested.
We reserve the right to change Parkade’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on Parkade’s net income.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Parkade offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
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Parkade and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Parkade, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Parkade from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Parkade, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Parkade.
The Parkade name and logos are trademarks and service marks of Parkade (collectively the “Parkade Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Parkade. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Parkade Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Parkade Trademarks will inure to our exclusive benefit.
Third Party Material/Services: Under no circumstances will Parkade be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Parkade does not pre-screen content, but that Parkade and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Parkade and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Parkade, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
The Services may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, “Third-Party Services”). Parkade does not have or maintain any control over Third-Party Services and is not and cannot be responsible for their content, operation, or use. By linking or otherwise displaying information from or providing access to any Third-Party Services, Parkade does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third-Party Services. Parkade disclaims any and all responsibility or liability for any harm resulting from your use of Third-Party Services, and you hereby irrevocably waive any claim against Parkade with respect to the content or operation of any Third-Party Services.
The software you download consists of a package of components, including certain third-party software (“Third-Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third-Party Software in conjunction with the Services in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Parkade and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Parkade are non-confidential and Parkade will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Parkade may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Parkade, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Parkade has no control over such sites and resources and Parkade is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Parkade will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Parkade is not liable for any loss or claim that you may have against any such third party.
You agree to release, defend, indemnify and hold the Parkade Parties harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your access to or use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.
To the fullest extent permitted by law, you further waive, release and forever discharge the Parkade Parties from any and all responsibility or liability for injuries or damages resulting from any service obtained through the use of the Services, including injuries or damages caused by the negligent act or omission of the Parkade Parties or in any way arising out of or connected with the Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SAFETY, AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICES MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, PARKADE DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SAFETY, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE, TAX-EXEMPT STATUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF PARKADE, PARKADE’S AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, CONTENT PROVIDERS, OR SERVICE PROVIDERS, AND NONE OF THE OWNERS OR LESSORS OF THE PARKING LOTS OR PARKING GARAGES THAT SUPPLY THE PARKING SPOTS, OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES (COLLECTIVELY, THE “PARKADE PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. THE PARKADE PARTIES CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS THROUGH, AND INTERACTIONS ARRANGED THROUGH, THE SERVICES. YOU UNDERSTAND THAT THE PARKADE PARTIES DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES AND HAVE NO OBLIGATION TO REVIEW OR VET ANY LISTINGS, PARKING SPOTS, PARKING SPOT OWNERS, PARKING SPOT SEEKERS, OR OTHER THIRD PARTIES WITH WHOM YOU MAY INTERACT IN CONNECTION WITH THE SERVICES. THE PARKADE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PARKADE USERS OR OF QUALITY AND SAFETY OF PARKING SPOTS. NOTWITHSTANDING PARKADE’S APPOINTMENT AS THE COLLECTION AGENT OF THE THIRD PARTY PARKING SPOT OWNER FOR THE LIMITED PURPOSE OF COLLECTING PAYMENTS FROM PARKING SPOT SEEKERS ON BEHALF OF PARKING SPOT OWNERS, PARKADE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PARKING SPOT SEEKER OR PARKING SPOT OWNER, OR RELATED TO ANY PARKING SPOT, LISTING, OR BOOKING.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR USE OF A PARKING SPOT, AND ANY CONTACT YOU HAVE WITH PARKING SPOT SEEKERS, PARKING SPOT OWNERS, OR THIRD PARTIES THAT ARISE FROM YOUR USE OF THE SERVICES WHETHER IN PERSON OR ONLINE. YOU UNDERSTAND AND AGREE THAT SOME PARKING SPOTS MAY CARRY INHERENT RISK, AND BY USING THOSE PARKING SPOTS, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MADE BEFORE, DURING, AND AFTER YOUR USE OF PARKING SPOTS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU RELEASE THE PARKADE PARTIES FROM ANY AND ALL LIABILITY, DAMAGES, OR LOSS, WHETHER ECONOMIC OR NON-ECONOMIC, OF ANY TYPE OR CHARACTER. YOU ACKNOWLEDGE THAT PARKADE IS NOT RESPONSIBLE FOR THE PARKING SPOTS PROVIDED BY PARKING SPOT OWNERS, AND THAT IT HAS NO RIGHT TO AND DOES NOT CONTROL, DIRECT, OR SUPERVISE PARKING SPOT OWNERS, PARKING SPOT SEEKERS, OR THIRD PARTIES WHO MAY BE IN ATTENDANCE IN THE PARKING SPOT. PARKADE DOES NOT CREATE OR DELIVER PARKING SPOTS OR LISTINGS. TO THE MAXIMUM EXTENT PERMITTED BY LAW THE PARKADE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH PARKING SPOTS, LISTINGS, OR YOUR USE OF ANY PARKING SPOT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY OTHER INDIVIDUALS THAT ACCOMPANY YOU WHEN USING A PARKING SPOT, INCLUDING THE SUPERVISION OF ANY MINORS THAT ACCOMPANY YOU WHEN USING A PARKING SPOT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU AGREE TO RELEASE AND HOLD HARMLESS THE PARKADE PARTIES FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THOSE INDIVIDUALS OR MINORS WHILE USING THE PARKING SPOT OR IN ANY WAY RELATED TO YOUR PARKING SPOT. WHETHER YOU ARE A PARKING SPOT OWNER OR A PARKING SPOT SEEKER, YOU ALONE ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING, AND COMPLYING WITH ALL LAWS THAT APPLY TO YOUR USE OF THE SERVICES.
PARKADE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARKADE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARKADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PARKADE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PARKADE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICES AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS (INCLUDING WITHOUT LIMITATION, CAR INSURANCE THAT MEETS OR EXCEEDS APPLICABLE STATUTORY REQUIREMENTS) AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
PARKADE IS NOT AFFILIATED WITH ANY OTHER USER, PROPERTY, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER USER, PROPERTY, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR EMPLOYER, PARKING SPOT LESSOR, OR HOMEOWNERS ASSOCIATION, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE PARKADE AND PARKADE’S AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, CONTENT PROVIDERS, OR SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
PARKADE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION HEREIN IF THE DELAY OR FAILURE IS DUE TO UNFORESEEN EVENTS THAT ARE BEYOND PARKADE’S REASONABLE CONTROL, SUCH AS STRIKES, BLOCKADE, WAR, TERRORISM, RIOTS, NATURAL DISASTERS, EPIDEMIC, OR GOVERNMENTAL ACTION, IN SO FAR AS SUCH AN EVENT PREVENTS OR DELAYS PARKADE IN FULFILLING ITS OBLIGATIONS HEREUNDER OR RESULTS IN PROPERTY DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Parkade, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Parkade are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND PARKADE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PARKADE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Parkade is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Parkade should be sent to Parkade Inc, 3130 20th St, Ste 190, San Francisco, CA 94110 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Parkade and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Parkade may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Parkade or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Parkade is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Parkade and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Parkade agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $25,000 or less, at your request, Parkade will pay all Arbitration Fees. If the value of relief sought is more than $25,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Parkade will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Parkade will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Notwithstanding any provision in this Terms of Service to the contrary, Parkade agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Parkade written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Parkade, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Parkade believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Parkade may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Parkade may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Parkade will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Parkade will have no liability or responsibility with respect thereto. Parkade reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Parkade. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Parkade confidential information to any parties other than the Government Agencies.
These Terms of Service constitute the entire agreement between you and Parkade and govern your use of the Service, superseding any prior agreements between you and Parkade with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Parkade agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Parkade to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Parkade, but Parkade may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notice to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. The provisions of these Terms relating to the rights of the Parkade Parties are intended for the benefit of such Parkade Parties, and such Parkade Parties, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to or otherwise bound by these Terms.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services 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 (916) 445-1254 or (800) 952-5210. You may contact us at firstname.lastname@example.org or at Parkade, Inc., 3130 20th St, Ste 190, San Francisco, CA 94110
Please contact us email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.