These Terms of Use ("PARKED Terms") constitute a legally binding agreement
("Agreement") between you and PARKED (as defined below) governing your access to and use of
the PARKED website, including any subdomains thereof, and any other websites through which
PARKED makes the PARKED Services available (collectively, "Site"), PARKED mobile, tablet,
and other smart device applications, and application program interfaces (collectively,
"Application"), and all associated services (collectively, "PARKED Services"). The Site,
Application, and PARKED Services together are hereinafter collectively referred to as the
“PARKED Platform Marketplace”. PLEASE READ THESE TERMS CAREFULLY, AS THEY
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PARKED.
When these Terms mention “PARKED”, “we”, “us”, or “our”, it refers to PARKED, LLC.,
a Nevada Limited Liability Company.
In these Terms, the words "including" and "include" mean "including, but not limited
to."
By accessing or using PARKED’s Site or Application (as defined below) you agree to
comply with and be bound by these Terms of Use.
If you do not agree to these Terms, you may not access or utilize PARKED Services. 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.
IMPORTANT NOTE: PARAGRAPH R OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL PARKED USERS. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, THIS PROVISION APPLIES TO ANY ACTION YOU BRING AGAINST PARKED IN THE UNITED STATES. IF YOU RESIDE IN THE UNITED STATES, THIS PROVISION APPLIES TO ALL DISPUTES WITH PARKED. IT AFFECTS HOW DISPUTES WITH PARKED ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
Our collection and use of personal information in connection with your access to and use of PARKED is described in our Privacy Policy. Pg. 2 of 23 PARKED Terms of Use Any and all payment processing services through or in connection with your use of the PARKED Platform Marketplace ("Payment Services") are provided to you by one or more PARKED Payments entities (individually and collectively, as appropriate, "PARKED Payments") as set out in the Payments Terms of Service ("Payments Terms").
A.1 PARKED is an online marketplace that enables registered users (“Parkers”) and certain third parties who offer parking services/solutions (PARKED Users and third parties who offer parking solutions/services are “Lotters” and the parking related services they offer are “Lotter Services”) to publish such Lotter Services on the PARKED Platform Marketplace (“Lot Listings”) and to communicate and transact directly with PARKED Users that are seeking to book such Lotter Services (PARKED Users using Lotter Services are “Spotters”).
A.2 Lotters alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Lot Listings and Lotter Services. If you have questions about how local laws apply to your Lot Listing(s) and Lotter Service(s) on the PARKED Platform Marketplace, you should always seek legal guidance.
A.3 As the Lotter of PARKED Services, PARKED does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Lot Listings or Lotter Services. Lotters alone are responsible for their Lot Listings and Lotter Services. When PARKED Users make or accept a booking, they are entering into a contract directly with each other. PARKED is not and does not become a party to or other participant in any contractual relationship between PARKED Users, nor is PARKED an insurer. PARKED is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
A.4 PARKED has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Lot Listing or Lotter Services, (ii) the truth or accuracy of any Lot Listing descriptions, Ratings, Reviews, or other Parker Content (as defined below), or (iii) the performance or conduct of any Parker or third party. PARKED does not endorse any PARKED User, Lot Listing, or Lotter Services. Any descriptions or images utilized by PARKED is not an endorsement, certification or guarantee by PARKED about any Parker, including the Parker's identity or background or whether the Parker is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to use Lotter Services, accept a booking request from a Spotter, or communicate and interact with other PARKERS, whether online or in person. Any PARKER proceeds with using the PARKED Platform Marketplace, and either Pg. 3 of 23 PARKED Terms of Use performing or receiving Lotter Services at its own peril and affirmatively assumes (by virtue of accepting these Terms of Use) any and all risks that may arise (whether foreseeable or unforeseeable) as a result of use.
A.5 If you choose to use the PARKED Platform Marketplace as a Lotter, your relationship with PARKED is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of PARKED for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of PARKED.
A.6 To promote the PARKED Platform Marketplace and to increase the exposure of Lot Listings to potential Spotters, Lot Listing and other Parker Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
A.7 The PARKED Platform Marketplace may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. PARKED is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by PARKED of such Third-Party Services.
A.8 Due to the nature of the Internet, PARKED cannot guarantee the continuous and uninterrupted availability and accessibility of the PARKED Platform Marketplace. PARKED may restrict the availability of the PARKED Platform Marketplace or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the PARKED Platform Marketplace. PARKED may improve, enhance and modify the PARKED Platform Marketplace and introduce new PARKED Services from time to time.
B.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the PARKED Platform Marketplace or register a PARKED Account. By accessing or using the PARKED Platform Marketplace you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
B.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Lot Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Pg. 4 of 23 PARKED Terms of Use Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
B.3 PARKED may make the access to and use of the PARKED Platform Marketplace, or certain areas or features of the PARKED Platform Marketplace, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting certain feedback thresholds (E.g., Ratings and/or Reviews), or booking and cancellation history.
B.4 PARKED DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CONFIRMATION OF ANY PARKER’S IDENTITY. We MAY but have NO OBLIGATION to (as permitted by applicable laws) ask PARKERS to engage in identification verification activities which include, but are not limited to, provision of legal current government identification and participation in background check related services. Any PARKER proceeds with using the PARKED Platform Marketplace in any capacity at its own peril and affirmatively assumes via accepting these Terms of Use, any and all risks that may arise (whether foreseeable or unforeseeable) as a result of use.
B.5. The access to or use of certain areas and features of the PARKED Platform Marketplace may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the PARKED Platform Marketplace , the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
B.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. If you access or download the Application from the Google Play App Store, you agree to Google Play’s Terms of Service. Some areas of the PARKED Platform Marketplace implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
C.1 PARKED reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the PARKED Platform Marketplace. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to Pg. 5 of 23 PARKED Terms of Use terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the PARKED Platform Marketplace will constitute acceptance of the revised Terms. Notwithstanding your termination under this Section C, to the extent applicable the prior accepted Terms accepted by you shall continue to govern the subject matter thereof as to any actions undertaken by you that are covered hereunder.
D.1 You must register an account (" PARKED Account ") to access and use certain features of the PARKED Platform Marketplace, such as publishing or booking a Lot Listing. If you are registering a PARKED Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
D.2 You can register PARKED Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (" SNS Account "). You have the ability to disable the connection between your PARKED Account and your SNS Account at any time, by accessing the "Settings" section of the PARKED Platform Marketplace.
D.3 You must provide accurate, current and complete information during the registration process and keep your PARKED Account profile page information up-to-date at all times.
D.4 You may not register more than one (1) PARKED Account unless PARKED authorizes you to do so. You may not assign or otherwise transfer your PARKED Account to another party.
D.5 You are responsible for maintaining the confidentiality and security of your PARKED Account credentials and may not disclose your credentials to any third party. You must immediately notify PARKED if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your PARKED Account. You are liable for any and all activities conducted through your PARKED Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
E.1 PARKED may, at its sole discretion, enable PARKED Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the PARKED Platform Marketplace ("Parker Content "); and (ii) access and view Parker Content and any content that PARKED itself makes available on or through the PARKED Platform Marketplace , including proprietary PARKED content and any content licensed or authorized for use by or through the PARKED Platform Marketplace from a third party (" PARKED Content " and together with Parker Content, " Collective Platform Content ").
E.2 The PARKED Platform Marketplace, PARKED Content, and Parker Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the PARKED Platform Marketplace and PARKED Content, including all associated intellectual Lot Listing Property rights, are the exclusive Lot Listing Property of PARKED and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PARKED Platform Marketplace, PARKED Content or Parker Content. All trademarks, service marks, logos, trade names, and any other source identifiers of PARKED used on or in connection with the PARKED Platform Marketplace and PARKED Content are trademarks or registered trademarks of PARKED in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the PARKED Platform Marketplace, PARKED Content, and/or Collective Platform Content are used for identification purposes only and may be the Lot Listing Property of their respective owners.
E.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the PARKED Platform Marketplace or Collective Platform Content, except to the extent you are the legal owner of certain Parker Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual Lot Listing Property rights owned or controlled by PARKED or its licensors, except for the licenses and rights expressly granted in these Terms.
E.4 Subject to your compliance with these Terms, PARKED grants you a limited, nonexclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Platform Content made available on or through the PARKED Platform Marketplace and accessible to you, solely for your personal and non-commercial use.
E.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Parker Content on or through the PARKED Platform Marketplace, you grant to PARKED a nonexclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Parker Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Parker Content to provide and/or promote the PARKED Platform Marketplace , in any media or platform. Unless you provide specific consent, PARKED does not claim any ownership rights in any Parker Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Parker Content.
E.6 You are solely responsible for all Parker Content that you make available on or through the PARKED Platform Marketplace. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Parker Content that you make available on or through the PARKED Platform Marketplace or you have all rights, licenses, consents and releases that are necessary to grant to PARKED the rights in and to such Parker Content, as contemplated under these Terms; and (ii) neither the Parker Content nor your posting, uploading, publication, submission or transmittal of the Parker Content or PARKED’s use of the Parker Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual Lot Listing Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
E.7 You will not post, upload, publish, submit or transmit any Parker Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities or substances. PARKED may, without prior notice, remove or disable access to any Parker Content that PARKED finds to be in violation of these Terms or PARKED’s then-current Policies or Standards, or otherwise may be harmful or objectionable to PARKED, its PARKED Users, third parties, or Lot Listing Property.
E.8 PARKED respects copyright law and expects its PARKED Users to do the same. If you believe that any content on the PARKED Platform Marketplace infringes copyrights you own, please notify us via email.
F.1 PARKED may charge a fee for each Lot Listing booked via the PARKED Platform Marketplace (" Service Fees ") in consideration for the use of the PARKED Platform Marketplace. PARKED shall charge a Service Fee or Service Fees on a per transaction basis. The amount of such Service Fees shall be disclosed to each Spotter at the time of booking. All parties hereto agree that Service Fees may be modified by PARKED at its discretion, on thirty (30) days’ notice. All parties hereto acknowledge that any given Service Fee may not represent the lowest Service Fee charged by PARKED.
F.2 PARKED reserves the right to change the Service Fees at any time and will provide PARKED Users adequate notice of any fee changes before they become effective.
F.3 You are responsible for paying any Service Fees that you owe to PARKED. The applicable Service Fees are due and payable and collected by PARKED Payments pursuant to the Payments Terms. Except as otherwise provided on the PARKED Platform Marketplace, Service Fees are nonrefundable.
I.1 Lotters and Spotters are responsible for any modifications to a booking that they make via the PARKED Platform Marketplace or direct PARKED customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Service Fees, and/or Taxes associated with such Booking Modifications.
I.2 PARKED does not provide refunds to Spotters. In the event a Spotter and Lotter agree among themselves for the provision of a refund, PARKED will, if requested by the Lotter, facilitate a refund using the PARKED Platform Marketplace ; provided, however, that PARKED shall not, in any event, refund any Service Fee paid upon the confirmation of the Booking.
I.3 In certain circumstances, PARKED may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be (i) where PARKED believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to PARKED, other PARKED Users, third parties or Lot Listing Property, or (ii) for any of the reasons set out in these Terms.
I.4 PARKED assumes no responsibility for nor shall PARKED facilitate in any way the resolution of Damage Claims by and among Spotters and/or Lotters. Any and all such Damage Claims shall be governed, where applicable, by applicable law or regulation, or as between a Spotter and Lotter, by the terms of the agreement between such parties.
J.1 Within a certain timeframe after completing a booking, Spotters can leave a public review (“Review”) and submit a star rating (“Rating”) about Lotters. Any Ratings or Reviews reflect the opinion of individual PARKED Users and do not reflect the opinion of PARKED. Ratings and Reviews are not verified by PARKED for accuracy and may be incorrect or misleading.
J.2 Ratings and Reviews by Spotters must be fair, truthful and factual and may not contain any offensive or defamatory language.
J.3 PARKED Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
K.1 PARKED may, in its sole discretion, round up or round down amounts that are payable from or to Spotters or Lotters to the nearest dollar.
K.2 PARKED accepts U.S. dollars as currency. PARKED does not accept any other currency (i.e., Euros, etc.) or any cryptocurrency (i.e., BitCoin, etc.).
L.1 As a Lotter you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable taxes (" Taxes ").
L.2 Tax regulations may require us to collect appropriate Tax information from Lotters, or to withhold Taxes from payouts to Lotters, or both. If a Lotter fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
L.3 You understand that any appropriate governmental agency, department and/or authority (" Tax Authority ") where your Lotter’s Lot Listing Property is located may require Taxes to be collected from Spotters or Lotters on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Lotters, a set amount per day, or other variations.
L.4 In certain jurisdictions, PARKED may decide in its sole discretion to facilitate collection and remittance of Taxes from or on behalf of Spotters or Lotters, in accordance these Terms (" Pg. 13 of 23 PARKED Terms of Use Collection and Remittance ") if such jurisdiction asserts PARKED or Lotters have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize PARKED (via PARKED Payments) to collect Taxes from Spotters on the Lotter's behalf at the time Listing Fees are collected, and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by PARKED will be visible to and separately stated to both Spotters and Lotters on their respective transaction documents. Where PARKED is facilitating Collection and Remittance, Lotters are not permitted to collect any Taxes being collected by PARKED relating to their Lotter’s Properties in that jurisdiction.
L.5 You agree that any claim or cause of action relating to PARKED’s facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by PARKED in connection with facilitation of Collection and Remittance, if any. Spotters and Lotters agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority and agree that your sole remedy for Taxes collected is a refund of Taxes collected by PARKED from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
L.6 PARKED reserves the right, with prior notice to Lotters, to cease the Collection and Remittance in any jurisdiction for any reason at which point Lotters and Spotters are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Lotter’s Properties in that jurisdiction.
M.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the PARKED Platform Marketplace. In connection with your use of the PARKED Platform Marketplace, you will not and will not assist or enable others to:
M.2 You acknowledge that PARKED has no obligation to monitor the access to or use of the PARKED Platform Marketplace by any Parker or to review, disable access to, or edit any Parker Content, but has the right to do so to (i) operate, secure and improve the PARKED Platform Marketplace (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure PARKED Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Parker Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. PARKED Users agree to cooperate with and assist PARKED in good faith, and to provide PARKED with such information and take such actions as may be reasonably requested by PARKED with respect to any investigation undertaken by PARKED or a representative of PARKED regarding the use or abuse of the PARKED Platform Marketplace.
M.3 If you feel that any Parker you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PARKED by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
N.1 This Agreement shall be effective until such time when you or PARKED terminate the Agreement in accordance with this provision.
N.2 You may terminate this Agreement at any time via the account cancellation feature on the PARKED Platform Marketplace or by sending us an email. If you cancel your PARKED Account as a Lotter, any confirmed booking(s) will be automatically cancelled and your Spotters will receive a full refund. If you cancel your PARKED Account as a Spotter, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Lot Listing’s cancellation policy.
N.3 Without limiting our rights specified below, PARKED may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
N.4 PARKED may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, and/or any other policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) PARKED believes in good faith that such action is reasonably necessary to protect the personal safety or Lot Listing Property of PARKED, its PARKED Users, or third parties (for example in the case of fraudulent behavior of a Member).
N.5 In addition, PARKED may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, other policies or standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the PARKED Account registration, Lot Listing process or thereafter, (iv) you and/or your Lot Listings or Lotter Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or PARKED otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) PARKED believes in good faith that such action is reasonably necessary to protect the personal safety or Lot Listing Property of PARKED, its PARKED Users, or third parties, or to prevent fraud or other illegal activity:
N.6 If we take any of the measures described above (i) we may refund your Spotters in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
N.7 When this Agreement has been terminated, you are not entitled to a restoration of your PARKED Account or any of your Parker Content. If your access to or use of the PARKED Platform Marketplace has been limited or your PARKED Account has been suspended or this Agreement has been terminated by us, you may not register a new PARKED Account or access and use the PARKED Platform Marketplace through an PARKED Account of another Member.
N.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the PARKED Platform Marketplace and Collective Platform
Content,
you do so voluntarily and at your sole risk. PARKED Platform Marketplace and
Collective
Platform Content are provided “as is”, without warranty of any kind, either
express
or
implied.
You agree that you have had whatever opportunity you deem necessary to
investigate
the
PARKED Services, laws, rules, or regulations that may be applicable to your Lot
Listings
and/or Lotter Services you are receiving and that you are not relying upon any
statement of
law or fact made by PARKED relating to a Lot Listing.
If we choose to conduct identity verification or background checks on any
Member, to
the
extent permitted by applicable law, we disclaim warranties of any kind, either
express or
implied, that such checks will identify prior misconduct by a Member or
guarantee
that a
Member will not engage in misconduct in the future.
You agree that using the PARKED Platform Marketplace may carry inherent risk,
and by
participating in those services, you choose to assume those risks voluntarily,
including the
risk of illness, bodily injury, disability, or death, and you freely and
willfully
assume those
risks by choosing to participate in those services. You assume full
responsibility
for the
choices you make before, during and after your participation in such services.
If
you are
bringing a minor as an additional Spotter, you are solely responsible for the
supervision of
that minor and to the maximum extent permitted by law, you agree to release and
hold
harmless PARKED from all liabilities and claims that arise in any way from any
injury,
death, loss or harm that occurs to that minor in relation to the provision of
services
pursuant to a Lot Listing using the PARKED Platform Marketplace.
Pg. 18 of 23 PARKED Terms of Use
The foregoing disclaimers apply to the maximum extent permitted by law. You may
have
other statutory rights. However, the duration of statutorily required
warranties, if
any, shall
be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the PARKED Platform Marketplace and Collective Platform Content, your publishing or booking of any Lot Listing via the PARKED Platform Marketplace, your use of any Lotter’s Lot Listing Property, Service or any other interaction you have with other PARKED Users whether in person or online remains with you. Neither PARKED nor any other party involved in creating, producing, or delivering PARKED or Collective Platform Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the PARKED Platform Marketplace or any Collective Platform Content, (iii) from any communications, interactions or meetings with other PARKED Users or other persons with whom you communicate, interact or meet with as a result of your use of the PARKED Platform Marketplace , or (iv) from your publishing or booking of a Lot Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not PARKED has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Lotters pursuant to these Terms, in no event will PARKED’s aggregate liability arising out of or in connection with these Terms and your use of the PARKED Platform Marketplace including, but not limited to, from your publishing or booking of any Lot Listings via the PARKED Platform Marketplace , or from the use of or inability to use the PARKED Platform Marketplace or Collective Platform Content or in connection with interactions with any other PARKED Users, exceed the amounts you have paid or owe for bookings via the PARKED Platform Marketplace as a Spotter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Lotter, the amounts paid by PARKED to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US $100.00), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between PARKED and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect PARKED’s liability for death or personal injury arising from its negligence, nor for fraudulent Pg. 19 of 23 PARKED Terms of Use misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to release, defend (at PARKED’s option), indemnify, and hold PARKED and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the PARKED Platform Marketplace or any PARKED Services, (iii) your interaction with any Member, or use of a Lotter’s Lot Listing Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) PARKED’s collection and remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.
R.1 Overview of Dispute Resolution Process. PARKED is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section R.1 applies: (1) an informal negotiation directly with PARKED’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section R). Specifically, the process provides:
R.2 Pre-Arbitration Dispute Resolution and Notification . Prior to initiating an arbitration, you and PARKED each agree to notify the other party of the dispute and attempt to negotiate an Pg. 20 of 23 PARKED Terms of Use informal resolution to it first. We will contact you at the email address you have provided to us; you can contact PARKED’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
R.3 Agreement to Arbitrate. You and PARKED mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to any other terms, policies, or standards made applicable to the use of the PARKED Platform Marketplace (including without limitation the PARKED Payment Terms or PARKED Privacy Policy, and other published policies of PARKED), or to the use of the PARKED Platform Marketplace or the Collective Platform Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and PARKED agree that the arbitrator will decide that issue.
R.4 Exceptions to Arbitration Agreement . You and PARKED each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual Lot Listing Property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
R.5 Arbitration Rules and Governing Law . This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules “) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
R.6 Modification to AAA Rules - Arbitration Hearing/Location . Any required arbitration hearing shall be conducted, at PARKED’s option, (a) in the county where you reside; (b) in Clark County, Nevada; (c) in any other location to which you and PARKED both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
R.7 Modification of AAA Rules - Attorney’s Fees and Costs. PARKED shall be entitled to seek an award of attorney fees and expenses if it prevails in arbitration, to the extent provided under applicable law and the AAA rules.
R.8 Arbitrator’s Decision . 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 with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
R.9 Jury Trial Waiver. You and PARKED acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
R.10 No Class Actions or Representative Proceedings . You and PARKED acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and PARKED both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
R.11 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
R.12 Changes. Notwithstanding any other provision hereof, if PARKED changes this Section R (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of PARKED’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PARKED in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
R.13 Survival. This Section 18 will survive any termination of these Terms and will continue to apply even if you stop using PARKED or terminate your PARKED Account.
S.1 These Terms will be interpreted in accordance with the laws of the State of Nevada and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section S must be brought in state or federal court in Clark County, Nevada, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Clark County, Nevada.
T.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between PARKED and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between PARKED and you in relation to the access to and use of the PARKED Platform Marketplace.
T.2 No joint venture, partnership, employment, or agency relationship exists between you and PARKED as a result of this Agreement or your use of the PARKED Platform Marketplace.
T.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
T.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
T.5 PARKED’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
T.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without PARKED’s prior written consent. PARKED may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
T.7 Unless specified otherwise, any notices or other communications to PARKED Users permitted or required under this Agreement, will be in writing and given by PARKED via email, PARKED Platform Marketplace notification, or messaging service (including SMS and other messaging services).