ParkMe End User License Agreement
Welcome to ParkMe! Please note that each of our website and smartphone applications are provided solely to assist customers in gathering parking information, determining the availability and location of parking, and/or making legitimate parking reservations, and for no other purposes.
This ParkMe End User License Agreement (this “EULA” applies to any and all use of (1) the ParkMe website at http://www.ParkMe.com and all affiliated websites owned and operated solely by ParkMe (collectively, the “ParkMe Site”), (2) the parking reservation services made available by ParkMe through the ParkMe Site, any ParkMe-branded application for your mobile or other device (each, a “ParkMe Application”) and any other online properties of ParkMe or third parties, as described in Part I below (the “Reservation Services”), (3) any ParkMe Application, and (4) any other services or features made available by ParkMe through the ParkMe Site or any ParkMe Application. Together, the items in (1) through (4) are referred to herein as the “Services”.
In this EULA, “ParkMe” and "we" mean ParkMe, Inc., a California corporation, and/or “User” and “you” mean any user of the Services. This EULA incorporates ParkMe’s standard policies, procedures and terms and conditions for use of the Services that are referenced by name or by links in this EULA (collectively, the “ParkMe Policies”.
By accessing or using the Services or clicking “accept” or “agree” to this EULA, (1) you acknowledge that you have read, understand and agree to be bound by this EULA, and (2) you represent and warrant that you are of legal age and are not prohibited by law from accessing or using the Services. THIS EULA CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
ParkMe may update or revise this EULA (including any ParkMe Polices) from time to time without any prior notice to User. You agree that you will review this EULA periodically. You are free to decide whether or not to accept a modified version of this EULA, but accepting this EULA, as modified, is required for you to continue using the Services. [You may have to click “accept” or “agree” to show your acceptance of any modified version of this EULA.] If you do not agree to the terms of this EULA or any modified version of this EULA, your sole recourse is to immediately terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by ParkMe, any use of the Services (e.g., to use the Reservation Services) is subject to the version of this EULA in effect at the time of use.
Part I - Reservation Services
1. Prepaid Parking Reservations. ParkMe provides the Reservation Services to Users for the sole purposes of providing Users information on the location and apparent availability of parking and assisting them in securing parking at participating third-party off-street parking locations, including but not limited to, parking garages and parking lots (each, a “Garage” and collectively, “Garages”). In response to a User’s online request for a Garage reservation through the ParkMe Site or a ParkMe Application, ParkMe communicates directly with the applicable Garage regarding such reservation request. The availability of reservations is determined at the time of a User’s query, and ParkMe makes no representation or warranty (i) regarding the accuracy of any data (including, but not limited to, reservation availability data) received from any Garage, or (ii) on behalf of any Garage in any capacity. ParkMe is in no way affiliated with or under common control with any Garage. You acknowledge that each Garage may have its own policies, terms, and conditions. Once a reservation is made by a User through the ParkMe Site or any ParkMe Application, ParkMe will provide confirmation of the reservation to such User by email or other means. By using the Reservation Services, you agree to receive reservation confirmations by email after booking a reservation through the Reservation Services.
In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Reservation Services provide to you in locating and reserving parking, the ultimate decision to utilize the parking information provided by the Reservation Services and to park at any Garage remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Reservation Services and/or deciding to actually park at any Garage. Ultimately, the actual allocation of parking spaces within any Garage is the responsibility of the lot attendants and/or the owner/operator of such Garage itself. For the avoidance of doubt, ParkMe does not in any way provide a parking service or operate a Garage (or other parking facility). As such Parkme assumes no responsibility or liability for the safety of any vehicle parked at any particular Garage (or the safety of any person or property in any Garage) or the actual availability of parking at any Garage. Further no guarantee is provided by ParkMe as to the actual availability of a specific parking space within any Garage and ParkMe will not be held liable in any manner for any delays or other consequences caused by any reserved parking space which turns out to actually be unavailable.
2. Calculation of Parking Rates; Payment Authorization; Taxes. You acknowledge that ParkMe pre-negotiates certain parking rates with Garages to facilitate the booking of reservations on your behalf. The parking rate displayed on the ParkMe Site or Application is a combination of the pre-negotiated parking rate for parking spots reserved on your behalf by ParkMe and the facilitation fee retained by ParkMe to compensate us for our services. You authorize ParkMe to book reservations for the total reservation price, which includes the parking rate displayed on our website (or application), plus where applicable, service fees, and taxes.
All reservations and other transactions consummated on the ParkMe Site or Application will be done by means of a credit card. Whenever you submit a credit card to ParkMe for any particular transaction and/or enter any credit card information for a particular credit card, you confirm that you are permitted to use that credit card. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full and total amount of the reservation price to such credit card immediately. You also authorize us to collect and store that credit card (and information regarding the identification thereof), along with other related transaction information.
You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, ParkMe does not collect taxes for remittance to applicable taxing authorities. The Garages are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions. Our fees vary based on the amount and type of parking reservation. Sales, use and/or local taxes may be imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions.
3. No-Show Policy. ParkMe is committed to providing superior quality services to Users and Garages. To assist us in maintaining a consistently high level of service with the Garages and their patrons, Users must cancel any reservations that they will be unable to honor at least twenty-four (24) hours in advance of the reservation. You may cancel your reservation via the ParkMe Site or ParkMe Applications. ParkMe shall have no liability for any charges made to your credit or debit card account for any failure to cancel your reservation in accordance with this cancellation policy, or any failure to honor such reservation
If you are unable to keep your reservation and you fail to cancel at least twenty-four (24) in advance of the reservation, ParkMe will send you an email letting you know that our records indicate that you were a no-show. You will not be eligible for any refund. By using the Reservation Services, you agree to receive no-show confirmations by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be terminated if you are a no-show for four reservations at any Garage within a twelve (12)-month period. If you receive a no-show confirmation email in error, please email us at info@parkme.com for information on how to dispute it. Each User agrees that all final no-show determinations will be made by ParkMe in its sole discretion.
4. Prices. The price of the parking will be as quoted on the ParkMe Site from time to time except in cases of error. Prices may change from time to time and at any time, but any such changes will not affect bookings already accepted. Despite ParkMe’s best efforts, some of the parking listed on the website may be incorrectly priced. PARKME EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ParkMe is under no obligation to provide parking reservations to you at an incorrect (lower) price, even after you have been sent confirmation of your booking. We do not guarantee that pricing for parking reservations will be the best available at the time of booking.
5. Privacy Policy. ParkMe is committed to helping you safeguard your privacy online. Each User must review our privacy policy for details about how we collect and use information about the use of ParkMe’s Services. ParkMe’s privacy policy is expressly incorporated herein by this reference.
6. Usage Guidelines. User agrees to use the Reservation Services only to book reservations at Garages and then honor those reservations by arriving at the Garages on time. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services. ParkMe expressly reserves all its rights and remedies under applicable state and federal laws. ParkMe reserves the right, in its sole discretion, to refuse service, terminate User Accounts, remove or edit content, or cancel reservations.
Part II – Terms for All Services
7. Your Account. You may (but are not required to) create an account with ParkMe through the ParkMe Site and ParkMe Applications (“Account”) in order to use the Reservation Services or redeem coupons. When registering for an Account, you must provide true, accurate, current and complete data about yourself on the ParkMe registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify ParkMe of any unauthorized use of your Account or any other breach of security related to your use of the Services.
8. Communications from ParkMe. The ParkMe Applications may use GPS locator capabilities to identify your location at the time of use. ParkMe may send you SMS text messages to provide you information regarding the Services or as otherwise described in our privacy policy. You hereby expressly consent to receiving such SMS text messages. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services. da
9. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. ParkMe does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the ParkMe Site, and some features and portions of the ParkMe Site (including, but not limited to, making, modifying or canceling reservations) may not be accessible with JavaScript disabled. The user interface and functionality may not be the same across all platforms and devices.
10. Modifications to Services. ParkMe reserves the right, in its sole discretion, to modify the Services from time to time and without any prior notice or otherwise, including, without limitation, by removing, adding, or modifying portions of the ParkMe Site, ParkMe Applications, and/or availability of certain Garages. ParkMe shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to immediately cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
11. Intellectual Property Rights and Grant of Rights to User. The features, information and materials provided and depicted through the Services and on the ParkMe site and ParkMe Application are protected by copyright, trademark, patent and other intellectual property laws, and are the sole property of ParkMe. All text, graphical content, video, data and other content made available through the Services (collectively, the “ParkMe Content”) are provided to User by ParkMe or its partners or licensors solely to support User’s permitted use of the Services. The ParkMe Content may be modified from time to time by ParkMe in its sole discretion and without notice. Except as expressly set forth herein, no license right or interest is granted to User for any other purpose, and any other use of the Services or the ParkMe Content by User shall constitute a material breach of this EULA. ParkMe and its partners or licensors retain all rights in the Services and ParkMe Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights.
12. Application License. Subject explicitly to the terms and conditions of this EULA, ParkMe grants User a non-exclusive, non-transferable, revocable license to use the ParkMe Applications, in object code form only, on User’s compatible mobile devices, solely to facilitate User’s permitted use of the Services.
13. Use Restrictions. The Services and ParkMe Content are offered solely for User’s personal use for the purposes described in this EULA. Any and all other uses are prohibited. You agree not to (and not to allow any third party to): (a) use any robot, spider, scraper or other automatic or manual device, process or means to access the Services or copy any ParkMe Content except as expressly authorized by ParkMe; (b) take any action that imposes or may impose (in ParkMe’s sole determination) an unreasonable or a disproportionately large load on the Services or ParkMe’s infrastructure; (c) utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services or ParkMe Content to a third party; (e) use any portion of the Services or ParkMe Content to provide, or incorporate any portion of the Services or ParkMe Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to ParkMe); (g) modify any Services or ParkMe Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or ParkMe Content; (i) use the Services or ParkMe Content for any illegal purpose; or (j) publicly disseminate information regarding the performance of the Services or ParkMe Content or access or use the Services or ParkMe Content for competitive analysis or benchmarking purposes.
14. Do Not Use While Driving. You agree, represent and warrant, so long as YOU USE OR ACCESS THE LICENSED SERVICES, THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or Machinery. You understand that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment) or death. You further agree, represent and warrant, that you will not use or access the Services in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws. While effort is made to assure the accuracy of the information presented to the User is responsible for safe driving and for the consequences of decisions as to where to travel or where to drive. Under no circumstance will any of the ParkMe Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Users. You expressly agree that no ParkMe Party shall be liable for any driving decisions made by you or at your suggestion or for any damages, injury or other harm caused by your use of or accessing the licensed application, services or content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and waive any claims or causes of action you may have, now or in the future, arising from or relating to the same. In the event that any party names any ParkMe Party as a defendant in a case involving your use of the Services while operating a vehicle, you agree to indemnify and hold any such ParkMe Party harmless in such action.
15. Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any ParkMe Application with only those rights set forth therein.
16. Export Control. You may not use, export or re-export any of the ParkMe Applications or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Termination. ParkMe may suspend your ability to use all or any element of the Services or may terminate this EULA effective immediately, without any notice or explanation. Without limiting the foregoing, ParkMe may suspend your access to the Services if we believe you to be in violation of any part of this EULA (including any ParkMe Policies) or if we receive excessive charge backs on the credit or debit card associated with your Account. After any suspension or termination, you may or may not be granted permission to re-establish an Account, and you may lose access to and be unable to use any points accumulated towards any rewards program (if any) in effect at the time. You agree that ParkMe shall not be liable to you for any termination of this EULA or for any effects of any termination of this EULA. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which ParkMe will have no liability whatsoever.
18. Reviews, Comments, Communications and Other Content. We appreciate hearing from you. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Garages and other third parties (“User Content”). You are solely responsible for all User Content you generate (and for your Account generally). Any such User Content must not be illegal, malicious, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, false, inaccurate or otherwise injurious to third parties (including, but not limited to, any content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission for their rightful owner to specifically submit such content) or otherwise objectionable, and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ParkMe reserves the right (but has no obligation) to monitor, remove or edit User Content in ParkMe’s sole discretion, including if the User Content violates this EULA (including any ParkMe Policies), but you acknowledge that ParkMe may not regularly review submitted User Content. If you do submit User Content, please be aware that unless we indicate otherwise, you grant ParkMe a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media. ParkMe takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
You agree to indemnify and hold any ParkMe Party harmless in the event ParkMe is named as a defendant in an action related to your User Content and you hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with this EULA, to remove any and/or all of your submissions, and terminate your Account with or without prior notice. You understand and agree that any liability, loss or damage that occurs as a result of any of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. ParkMe is not responsible for any public display or misuse of any User’s User Content. ParkMe does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record your interactions with the Services and your submission(s) of User Content.
19. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by ParkMe and its other Users, partners and licensees will not violate this EULA, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless and (at ParkMe’s request) defend ParkMe, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “ParkMe Parties”) from and against all claims resulting from (a) any User Content submitted by you, (b) your use of the Services or (c) any breach or alleged breach by you of this EULA.
20. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO PARKME GIFT CARDS AND MERCHANT GIFT CARDS, IN NO EVENT SHALL THE PARKME PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (A) THIS EULA, (B) ANY USE OF THE SERVICES, THE PARKME CONTENT OR THE USER CONTENT, (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES), OR (D) YOUR VISIT TO ANY GARAGE OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT OR POLICIES OF ANY GARAGE OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE PARKME SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE PARKME CONTENT. PARKME IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY GARAGE FOR WHICH A USER HAS MADE A RESERVATION OR UTILIZES ANY COUPON.
You and ParkMe understand and agree that the disclaimers, exclusions and limitations in this Section 19 and in Section 20 below are essential elements of this EULA and that they represent a reasonable allocation of risk. In particular, you understand that ParkMe would be unable to make the Services available to you except on these terms and hereby agree that this EULA will survive and apply even if any limited remedy specified in this EULA is found to have failed of its essential purpose.
21. Disclaimer of Warranties. THE SERVICES, ALL PARKME CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. PARKME EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. PARKME DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT PARKME WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS, OR THAT PARKME WILL REVIEW AND POLICE THE USER CONTENT. PARKME SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, VIRUSES CONTAINED IN ANY USER CONTENT, THE PARKME SITE, PARKME APPLICATION OR ANY PARKME COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PARKME.
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.
22. Links to / from Third-Party Websites. The Services may contain hypertext links to / from websites operated by parties other than ParkMe. Such hypertext links are provided for User’s reference only, and ParkMe does not control such websites, is not responsible for their content. Neither such third party sites, nor any of the contents thereof or promotions, materials, information, goods or services available thereon are in any way investigated, monitored or checked for accuracy, appropriateness or completeness by MarkMe. ParkMe’s inclusion of any hypertext links to / from such websites does not imply any endorsement of the material on such websites or any association with their operators. ParkMe assumes no liability whatsoever for any such third-party websites or any content, features, products or services made available through such third-party websites. If you decide to leave the ParkMe Site (or Application, as applicable) and access any such third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the ParkMe Site (or Application) or relating to any applications you use or install from any such site.
23. Release. Garages are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by you (or, if applicable, any recipient of a coupon) as a result of your interaction with or visit to any Garage. You hereby release the ParkMe Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the ParkMe Parties pertaining to the subject matter of this Section 22.
24. Notify Us of Infringers. We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). In response to a valid notice (as described below) we will remove any allegedly infringing Content from the Licensed Application or the Services. On taking down Content under the DMCA, we will take reasonable steps to contact the provider of the removed Content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the Content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice: (a) provide your physical or electronic signature; (b) identify the copyrighted work that you believe is being infringed; (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; (d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; and (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
ParkMe, Inc. - Copyright Enforcement
Daniel Yukelson
1501 5th Street, Suite 300
Santa Monica, California 90401
(310) 451-9109
dyukelson@parkinginmotion.com
Again, we cannot take action unless you give us all the required information.
25. Severability. If any of the provisions, or portions thereof, of this EULA are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this EULA shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
26. Assignment. This EULA and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be freely transferred, assigned or delegated by ParkMe.
27. Waiver. Any waiver of any provision of this EULA, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right
28. ARBITRATION EULA AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the ParkMe Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this EULA, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and ParkMe must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR PARKME MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ParkMe will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) ParkMe also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or ParkMe may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ParkMe shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in San Francisco County, California.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
29. Choice of Law. The Services, Websites, and Applications are operated by a U.S. entity, and this EULA is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
30. General Terms. You agree that no joint venture, partnership, or employment relationship exists between you and any of the ParkMe Parties as a result of this EULA or use of the Services. Further, no joint venture, partnership, or employment relationship exists between any of the ParkMe Parties and any Garage. Our performance of this EULA is subject to existing laws and legal process, and nothing contained in this EULA limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect. This EULA (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ParkMe with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and ParkMe with respect to the Services. A printed version of this EULA and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned within the Services are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are expressly reserved.
31. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE PARKME SITE OR APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
32. California Use Only. The Site is controlled and operated by ParkMe from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
33. Entire Agreement. Notwithstanding any agreements or terms expressly incorporated by reference in this EULA, this EULA constitutes the entire agreement between the parties. This EULA (as it may from time to time be amended, restated, or otherwise modified) supersedes any prior agreements, understandings, or negotiations, whether written or oral.
REVISION DATE: February 3, 2014
