End User License Agreement
Last updated August 8th, 2022
Last updated August 8th, 2022
1. Application and Introduction
3. Member Accounts
PARKING SEEKER TERMS
5. Booking Modifications and Cancellations
6. Parking Seeker Responsibilities and Assumption of Risk
PARKING OWNER TERMS
7. Listing and Booking
8. Booking Modifications and Cancellations
10. Parking Owner Responsibilities and Assumption of Risk
12. Parking Seeker Terms
13. Parking Owner Terms
16. Parksie Platform Rules
17. Termination, Suspension, and Other Measures
19. Member Cooperation
20. Parksie’s Role
21. Disclaimer of Warranties
22. Limitations on Liability
24. United States Governing Law and Venue
- These End-User License Agreement (“Terms”) are a binding legal agreement between you and Parksie LLC. (“Parksie”) that govern your use of the websites, applications, or other offerings from Parksie (collectively, the “Parksie Platform”). By using the Parksie Platform, you acknowledge that you have read, understand, and agree to these Terms. If you use the Parksie Platform on behalf of an entity, you represent and warrant that (1) you are authorized to agree to the Terms on behalf of the entity, and (2) the entity will be bound by the Terms.
- Parksie when purchased or downloaded through the Services, is licensed to you for use only under these Terms. Parksie reserves all rights not expressly granted to you. Parksie is to be used on devices that operate with Apple’s operating systems (“iOS”) or Google’s operating system (“Android”).
- The Parksie Platform offers an internet marketplace that enables a user (“Member”) to list, offer, search for, navigate to, rent, or use a Member’s parking spot and its surrounding area (a “Parking Spot”). A Member who lists, offers, or provides a Parking Spot is a (“Host” or “Parking Owner”) and a Member who searches for, rents, or uses a Parking Spot for their Vehicle is a (“Guest” or “Parking Seeker”). The Parksie Platform enables transactions between Members whereby a Parking Owner grants a limited license to a Parking Seeker to enter, occupy, and use a Parking Spot (a “Booking”).
- As a Parking Owner, the Member acknowledges that they own, control, and manage their Listings, and assume all responsibility for their Listing including insurance. Any Listing that is not owned, controlled, and managed by the Parking Owner is considered in violation of these Terms and will therefore forfeit the Member’s Account.
- As the provider of the Parksie Platform, Parksie does not own, control, offer or manage any Parking Spot or Member property. Parksie is not a party to any agreement between Members. Parksie is not an insurer, nor is Parksie acting as an agent in any capacity for any Member.
- “Account” means a registered account used by a Member to access and use the Parksie Platform.
- “Agreed Duration” means the date, time, and duration of a Booking agreed upon by a Parking Owner and Parking Seeker.
- “Applicable Law” means applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners associations or condominium associations), law enforcement body, court, central bank or tax revenue authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.
- “Content” means feedback, text, photos, audio, video, comments, and other information or materials that a Member posts, uploads, publishes, submits, or transmits on or using the Parksie Platform, or related social platforms and communities.
- “Dispute” means any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Parksie Platform, a Parking Spot, or Content, or any interaction or communication between Members.
- “Parking Seeker Fee” means the amount that Parksie charges a Parking Seeker for entering a Booking on the Parksie Platform.
- “Parking Owner Fee” means the amount Parksie charges a Parking Owner for entering a Listing on the Parksie Platform.
- “Listing” means an offer of a Parking Spot as available for Booking posted on the Parksie Platform.
- “Payment Method” means the payment method associated with an Account, such as a credit card, debit card, bank account or PayPal account.
- “Payout Method” means the financial instrument associated with an Account, such as a bank account, a debit card, a prepaid card, or a PayPal account.
- “Parking Spot Fee” means the amount due by a Parking Seeker as consideration for a Booking as set by a Parking Owner.
- “Parksie Application” means the software application offered and maintained by Parksie for mobile and other smart devices through which Members may access or use the Parksie Platform.
- “Service Fees” means the sum of the Parking Seeker Fee, the Parking Owner Fee, third-party fees, and any charges associated with payment collection and processing.
- “Tax” or “Taxes” means direct or indirect taxes, sales taxes, occupancy taxes, lodging taxes, tourist taxes, income taxes, Parking Spot taxes, or any other taxes or fees that a Member may be required by Applicable Law to include in the Listing price, remit, or report to governmental agencies or other entities.
- “Parking Owner Payout” means the Parking Spot Fee minus Service Fees and Taxes.
- “Vehicle” means the airplane, automobile, bus, bike, boat, bulldozer, bicycle, camper, car, caravan, chopper, electric car, eighteen-wheeler, escalator, fishing boat, forklift, go-cart, garbage truck, hybrid, helicopter, hot-air balloon, houseboat, hearse, jeep, jet, jet ski, kayak, lifeboat, limousine, motor home, motorboat, mountain bike, moped, minivan, motorcycle, off-road vehicle, pickup truck, police car, power boat, plane, racecar, riverboat, raft, rowboat, RV, sailboat, school bus, ship, snow cat, SUV, seaplane, snowmobile, sports car, scooter, sedan, skiff, snowplow, speedboat, station wagon, storage pod, taxi, town car, tractor-trailer, tank, taxicab, trail bike, truck, tractor, trailer, van, vespa, wagon, yacht, zeppelin or any other transport that may be parked or stored on a Parking Owner property.
- “You” or “your” means you as a Member or user of the Parksie Platform, unless otherwise specified. The Terms may apply to you as a Parking Owner and Parking Seeker concurrently.
3. Member Accounts
- Registration Requirements. You must create an Account to access and use many features of the Parksie Platform. Registration is permitted only for legal entities, partnerships, and natural persons who are 21 years of age or older. By creating an Account, you represent and warrant that you are over the age of 21 and not a person or entity prohibited from using the Parksie Platform under Applicable Law. You may register directly using the Parksie Platform or by any other manner provided by Parksie. You agree to provide accurate, current, and complete information during registration and to keep your Account information up to date. You may not register more than one Account or transfer your Account to someone else.
- Account Credentials. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your Account and must immediately notify Parksie if you suspect that your credentials have been lost, stolen, or your Account is otherwise compromised. If and as permitted by Applicable Law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. If we choose to conduct identity verification 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.
- Background Checks. Consistent with Applicable Law, Parksie may conduct a background check for all Members at the time of Account creation and annually for continuing Members. When you register an Account, you authorize Parksie to submit your relevant information to law enforcement or third-party agencies for purposes of conducting a background check. By using the Parksie Platform, you certify that you are providing us “written instructions” to obtain a background check on you to determine your eligibility for use of the Parksie Platform. You further instruct us to perform ongoing background checks during your use of the Parksie Platform, as needed, to ensure continued safety of our platform and community of users. You agree to cooperate with and assist Parksie in good faith, and to provide any information we reasonably request, and to take such actions as may be reasonably requested by Parksie with respect to any background check.
PARKING SEEKER TERMS
- Searching. You can search for Listings using the Parksie Platform. The placement or ranking of Listings in search results may depend on a variety of factors including, but not limited to, their relevance to your search and other criteria.
- Reserving a Listing. When you book a Listing, you are agreeing to pay the Parking Spot Fee and all charges associated with the Listing identified at checkout. A Booking is created when you receive a booking confirmation. The cancellation policy and terms, policies, or conditions identified in the Listing or during checkout form part of your agreement with the Parking Owner.
- Reentry. A Parking Owner retains the right to reenter a Parking Spot under a Booking to the extent reentry is (i) reasonably necessary and possible, (ii) permitted by your agreement with the Parking Owner, or (iii) consistent with Applicable Law.
- Unauthorized Parking Seekers and Overstays. Unless we specifically provide otherwise, a Parking Seeker who books a Parking Spot must have a Vehicle physically present at the Parking Spot for the Agreed Duration. You may not exceed the maximum number of Vehicles allowed under your Booking. If you or an additional Vehicle stays at a Parking Spot past the Agreed Duration, the Parking Owner has the right to tow your Vehicle at your expense or make you or the additional Vehicle leave in a manner consistent with Applicable Law including by imposing reasonable overstay penalties.
5. Booking Modifications and Cancellations
- Booking Modifications. Parking Seekers and Parking Owners are responsible for any booking modification they agree to make or direct Parksie to make on their behalf (“Booking Modification”). Parking Seekers and Parking Owners agree to pay any additional amounts, fees, or Taxes associated with any Booking Modification.
- Cancellations and Refunds. In general, if as a Parking Seeker you cancel a Booking, the amount refunded to you is determined by the cancellation policy that applies to the Booking. But in some circumstances other policies apply and determine the amount that is refunded to you.
6. Parking Seeker Responsibilities and Assumption of Risk
- Your Responsibilities. As a Parking Seeker, you are responsible and liable for your own acts and omissions and the acts and omissions of anyone with you, you invite to join, or who you allow to access a Parking Spot under your Booking. For example, you are responsible for leaving a Parking Spot and other Parking Owner property in the condition it was in when you arrived. You agree to act with integrity, treat others with respect, and always comply with Applicable Law and the terms of your Booking. If you are accompanied by a minor or if you bring a minor to a Parking Spot, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
- Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by Applicable Law, you assume the entire risk arising out of your access to and use of the Parksie Platform including any Content, use of a Parking Spot or any other Parking Owner offering, or any other interaction you have with Members or third parties, whether in person or online. You acknowledge that you are responsible for investigating a Parking Owner and a Parking Spot to determine whether it suits you or additional Vehicle occupants. For example, access to or use of a Parking Spot may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by accessing or using a Parking Spot.
- Alcoholic Beverages. Parking Seekers are responsible for understanding and complying with Applicable Law related to the consumption of alcoholic beverages at a Parking Spot. No individual under age 21 may consume alcohol at a Booking.
- Vehicle Maintenance Tools. Parking Seekers may not bring any tools or devices, for any type of repair or maintenance, to a Parking Spot. Parking Seekers are permitted to bring their own jumper cables, electric charger, and windshield washer fluid to a Parking Spot, but Parking Seekers may not bring their own oil, gasoline or electronic devices, or tool to perform any type of maintenance or service.
- Pets. You may not bring a pet to a Parking Spot unless it is authorized under your Booking. You are fully responsible for any pet you bring to a Parking Spot.
PARKING OWNER TERMS
7. Listing and Booking
- Creating and Managing your Listing. As a Parking Owner, you must own a Parking Spot to list it on the Parksie Platform (for example, if you are a tenant of a property, you may not list a Parking Spot at the rented property on the Parksie Platform). Your Listing must include complete and accurate information about your Parking Spot, your Parking Spot Fee, other charges like overage fees, towing costs, or Taxes, and any rules or requirements that apply to Parking Seekers, your Listing, or your Parking Spot. You are responsible for keeping your Listing information (including calendar availability) and Content up-to-date and accurate at all times. You are responsible for ensuring your Listing complies with Applicable Law and does not conflict with the rights of a third party. When you create a Listing, you agree to list your Parking Spot as available for rental exclusively on the Parksie Platform, unless otherwise approved by Parksie in written communication.
- Accepting or Rejecting a Booking Request. Upon making your Listing available for Parking Seekers, a Member may request to book your Listing. The request will automatically be reserved based on the settings of the Listing. The Parking Owner and the Parking Seeker can communicate in the Parksie Platform should there be any changes or cancellations to the Booking. Parksie, in its sole discretion, may determine and modify the Booking upon request from either the Parking Owner or the Parking Seeker for reasonable cause.
- Contracting with Parking Seekers. A Booking is created when you receive a booking confirmation. You are solely responsible for delivering your Parking Spot and performing your obligations under your Booking. Except as otherwise provided by these Terms, you may not request that a Parking Seeker pay a higher price or additional fees after a Booking is created. The terms, policies, and conditions specified in your Listing form part of your agreement with the Parking Seeker. Any terms, policies, or conditions that you include in any supplemental contract with a Parking Seeker must be (i) consistent with these Terms and the information provided in your Listing, and (ii) prominently disclosed in your Listing.
- Parking Spot Availability. You agree to make your Parking Spot available for the Agreed Duration. If your Parking Spot is not available for the Agreed Duration, the Parking Owner may be subject to additional Parking Owner Fees.
- Parking Spot Safety. As a Parking Owner, you represent and warrant that your Parking Spot(s) and other amenities are maintained to ensure the health and safety of Parking Seekers, including but not limited to maintenance of lighting, security cameras, handicap access, electrical outlets, garages doors, coverings, and all other amenities ensuring the Parking Spot is useable and reasonably safe, in addition to other applicable safety-related signage or notice(s).
- Driveways and Garage Doors. As a Parking Owner, you represent and warrant that any entrance ways, access paths, exit paths, driveways, walkways, sidewalks, and garage doors are kept clean of debris and used safely and in accordance with the manufacturer’s instruction. This includes but is not limited to safety features such as sand or salt in winter conditions, handrails should stairs be used as an access or exit point, and proper installation of fire and CO2 detection devices for indoor Parking Spots.
8. Booking Modifications and Cancellations
- Booking Modifications. Parking Owners and Parking Seekers are responsible for any Booking Modification and agree to pay any additional amounts, fees, or Taxes associated with any Booking Modification.
- Parking Owner Cancellations. In general, if as a Parking Owner you cancel a Booking, the amount refunded to the Parking Seeker is determined by the cancellation policy that applies to your Booking. But in some circumstances other policies apply and determine the amount refunded to the Parking Seeker. Because cancellations disrupt Parking Seekers’ plans and diminish confidence in the Parksie Platform, Parking Owners should act in good faith to fulfill all Bookings. If you cancel a Booking, the following consequences will apply and preempt any conflicting terms in the Booking:
- If you cancel a Booking between 24 and 72 hours before the beginning of the Booking, Parksie will charge you a cancellation fee equal to 50% of the Parking Spot Fee. If you cancel a Booking less than 24 hours before the beginning of the Booking, Parksie will charge you a cancellation fee equal to the Parking Spot Fee.
- If you cancel a Booking, Parksie may (i) block your calendar for the dates of the cancelled Booking, in which case you will not be able to accept another Bookings for the same date(s) as the cancelled Booking, (ii) post an automated review for your Listing indicating that you cancelled one of your reservations, or (iii) increase your Parking Owner Fee for future Bookings.
- The consequences set forth in this section will not apply if you cancel a Booking due to unforeseen circumstances beyond your control that arise after the Booking was created and make it impracticable or illegal to provide your Parking Spot under the Booking. Such circumstances include government-declared emergencies, government travel restrictions (not including non-binding travel advisories and similar government guidance), natural disasters, acts of God, large-scale outages of essential utilities, abnormal weather events, and the circumstances described in Section 8.3.
- Cancellations for Inclement Weather. In certain circumstances, such as rain, thunder, lightning, hail, tornado, snow, or other inclement weather posing danger to the safety of Parking Seekers, Parking Owners and Parking Seekers should cancel a Booking. Under such circumstances, Parksie will not assess a penalty due to the cancellation.
- Parking Owner Taxes. As a Parking Owner, you are responsible for determining and fulfilling your obligations under Applicable Law to report, collect, remit, and include in your Listing all applicable Taxes.
- Tax Information. In some jurisdictions, Applicable Law may require that we collect or report tax information about you to appropriate entities, or withhold Taxes from payouts, or both. If you do not provide us with information that we determine to be sufficient to meet such requirements, we may withhold payouts up to the amount as required by Applicable Law until sufficient information is provided. You agree that Parksie may issue on your behalf invoices or similar documentation for Taxes to facilitate accurate tax reporting by you or our Parking Seekers. Parksie is not responsible for reporting, collecting, or remitting Taxes unless it is required to do so by Applicable Law.
10. Parking Owner Responsibilities and Assumption of Risk
- Your Legal Obligations. You are responsible for understanding and complying with Applicable Law that applies to your Parking Spot, Listing, Booking and your interactions with Parking Seekers and third parties. For example, some municipalities restrict the use of Parking Spots or require that a Parking Owner obtain a license or permit to list or use their Parking Spot or to park Vehicles. Information we provide regarding legal requirements is for informational purposes and you should independently confirm your obligations. You should seek legal advice if you have questions about Applicable Law concerning your Listing or Parking Spot.
- Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Parking Spot or otherwise performing under your Booking. You are responsible for setting your Parking Spot Fee and establishing the terms or conditions of your Listing and Booking. You must describe any and all fees and charges in your Listing description and you may not collect any additional fees or charges outside the Parksie Platform.
- Alcoholic Beverages. Parking Owners are responsible for understanding and complying with Applicable Law related to the consumption of alcoholic beverages at a Parking Spot. No individual under age 21 may consume alcohol at a Booking.
- Vehicle Maintenance Tools. Parking Owners may provide access to Vehicle maintenance tools such as a car vehicle jack, a tire pump, or windshield washer to Parking Seekers. Parking Owners may not offer or provide access to (i) electrical devices or tools such as jumping cables, or (ii) engine repair tools. You must exercise reasonable diligence to ensure electrical tools are not on Parking Spot premises during a Booking. If you offer access to charging equipment to a Parking Seeker in your Booking (for example, an electrical charging cord for charging), you warrant that the equipment is in excellent working condition, has been inspected in the last 30 days, and will not pose any threat to the Parking Seeker but for Parking Seeker’s own misuse. Furthermore, you must provide the Parking Seeker with instructions for safe and lawful use of the equipment either through the Parksie Platform or appropriate signage on premises.
- Other On-Site Amenities. You may permit the use of additional amenities on your property (for example, a restroom). However, certain high-hazard amenities, including but not limited to hydraulic jacks or lifts may not be offered to or used by a Parking Seeker.
- Pets. Parking Owners are responsible for their owned pets and must ensure their pets are always kept separate and away from Parking Seekers during a Booking. You must specify in your Listing if a pet is on or near your Parking Spot premises and acknowledge that the pet will be kept separate and away from Parking Seekers during the Booking.
- Insurance. We recommend that you obtain appropriate insurance for your Parking Spot and suggest that you carefully review policy terms and conditions like coverage details and exclusions. You understand and agree that Parksie does not act as an insurer. You understand and agree that Parksie may make a claim under your homeowner’s, renter’s, or other insurance policy related to any damage or loss arising from the use of your Parking Spot.
- Verification of Payment or Payout Method. You authorize Parksie, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information, or (iv) requiring you to take steps to confirm ownership of your Parking Spot, mobile number, email address, Payment Method(s) or Payout Method(s). Parksie reserves the right to terminate, suspend, or limit access to your Account if we are unable to obtain or verify any of this information.
- Collection. You authorize Parksie to collect from you amounts due under these Terms by either (i) charging the Payment Method associated with the relevant Booking, or any other Payment Method on file that you authorize in your Account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) withholding the amount from your future Payout(s). Specifically, you authorize Parksie to collect from you:
- Any amount due to Parksie (e.g., as a result of your Bookings, Booking Modifications, cancellations, or other actions as a Member), including reimbursement for costs prepaid by Parksie on your behalf. Any funds collected by Parksie will set off the amount owed by you to Parksie and extinguish your obligation to Parksie.
- Taxes, where applicable or provided for in these Terms.
- Towing fees or other charges related to violating the Booking terms or Agreed Duration.
- Overstay penalties, including any cost and expenses incurred in collecting the overstay penalty.
- Any other Service Fees imposed under these Terms.
- In addition to any amount due as provided above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Parksie’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
- Fees. Parksie may charge fees and, if applicable, Taxes to Members for use of the Parksie Platform. Fees or charges may include collection fees, convenience fees, third-party charges or any other fees that may be required to address your Account and are permitted by Applicable Law. Except as otherwise provided on the Parksie Platform, Service Fees are non-refundable. Parksie reserves the right to change the Service Fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect Bookings made before the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time in accordance with Section 17.
- Collections. If Parksie is unable to collect any amounts you owe under these Terms, Parksie may undergo collection efforts to recover such amounts from you. This may also result in suspending your Account.
12. Parking Seeker Terms
- Payment Method Information. When you add a Payment Method to your Account, you will be asked to provide billing information such as name, billing address, and financial instrument information. You authorize Parksie and its payment service providers to collect and store your Payment Method information. You are responsible for (i) evaluating the practices of your Payment Method provider, and (ii) complying with any additional terms or conditions of a third-party payment service provider associated with your Payment Method. Parksie is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
- Automatic Update of Payment Information. If your Payment Method account information changes (e.g., credit card number or expiration date) because of re-issuance or otherwise, you agree that we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
- Payment Method Verification. When you add or use a new Payment Method, you authorize Parksie to verify the Payment Method by (i) obtaining a pre-authorization via your Payment Method or (ii) charging your Payment Method a nominal amount, not to exceed one dollar ($1).
- Payment Authorization. You authorize Parksie or its payment service providers to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable Taxes) in connection with your Account.
- Timing of Payment. Parksie will collect the Parking Spot Fee of the Booking after the Booking is complete. Parksie reserves the right to charge the Parking Spot Fee due after you reserve a Parking Spot such as on-demand parking reservations, providing the Fees are set forth such that they are fixed for your Booking. However, if you pay with a push Payment Method, Parksie will collect the Parking Spot Fee due at the time of your booking request. If Parksie is unable to collect the Parking Spot Fee due as scheduled, Parksie will collect the Parking Spot Fee due at a later time. Once the payment transaction for your Booking is successfully completed, you will receive a notification summarizing your Booking.
- Booking Request Status. If a requested booking is declined either because it is not accepted by the Parking Owner or you cancel the booking request before it is accepted by the Parking Owner, any amounts collected by Parksie will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system rules.
- Payment Restrictions. We reserve the right to decline or limit payments that we believe (i) may violate these Terms, (ii) are unauthorized, fraudulent or illegal, or (iii) expose you, Parksie, or others to risks unacceptable to Parksie.
13. Parking Owner Terms
- Adding a Payout Method. In order to receive a payout, you must have a valid Payout Method linked to your Account. When you add a Payout Method to your Account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Parksie or its third-party payment processor(s). Depending on the Payout Method selected, additional information may be required, such as residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number or account information associated with a particular payment processor. You authorize Parksie to collect and store your billing information and financial instrument information. Parksie may also share your information with governmental authorities as required or permitted by Applicable Law. Parksie is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
- Timing of Payment Collection. Parksie generally collects the Parking Spot Fee when a Parking Seeker has completed their Booking. However, if a Parking Seeker pays with a push Payment Method, Parksie will collect the Parking Spot Fee at the time of the Booking request.
- Payout. Your Payout for a Booking will equal the Parking Owner Payout. If a Booking is cancelled, Parksie will remit the amount you are due (if any) as provided in these Terms and applicable cancellation policy. Balances will be remitted by Parksie to a Parking Owner via the Payout Method either monthly, quarterly, or annually (“Payout Period”), depending on the selection the Parking Owner makes via the Parksie Platform. All Payouts are made on the first day of the new Payout Period. Parksie may, in its sole discretion, round up or round down amounts payable from or to Parking Seekers and Parking Owners to the nearest whole dollar (e.g., $101.50 to $102.00, or $101.49 to $101.00).
- Payout Restrictions. Parksie may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing suspected or known unlawful activity or fraud, risk assessment, security, or completing an investigation, or if we are unable to verify your identity. Parksie may also temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under these Terms as a result of a force majeure event (as defined in these Terms).
- Limits on Payouts. For compliance or operational reasons, Parksie may limit the amount of a Payout. If you are due an amount above that limit, Parksie may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
- Reviews. After a Booking, Parking Seekers and Parking Owners may review each other on the Parksie Platform. You agree that your review will be accurate and may not contain any misleading, discriminatory, offensive, inappropriate, or defamatory Content. Parksie does not verify reviews for accuracy.
- 15. Content
- Member Content. The Parksie Platform enables you to provide Content. By providing Content, in whatever form and through whatever means, you grant Parksie a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit that Content, without limitation. You are solely responsible for all Content that you provide and warrant that you either own the Content or are otherwise authorized to grant Parksie the rights described in these Terms. You are solely responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of a third party. Members may not post discriminatory, obscene, harassing, deceptive, violent, inappropriate, or illegal Content.
- Communications Decency Act Notice. Parksie may be a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. § 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Content is limited as described therein. We are not responsible for any Content. We neither warrant the accuracy of Content nor exercise any editorial control over Content, nor do we assume any legal obligation for editorial control of Content or liability in connection with Content, including any responsibility or liability for investigating or verifying the accuracy of any Content.
16. Parksie Platform Rules
- Rules. As a Member, you agree to follow these rules and to not help or induce others to break or circumvent these rules:
- Act with integrity and treat others with respect. You agree that you will not lie, misrepresent information, mislead, or pretend to be someone else. Members must be polite and respectful when communicating with other Members and third parties.
- Do not scrape, hack, reverse engineer, compromise or impair the Parksie Platform.
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Parksie Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Parksie Platform, Content, or Members.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Parksie Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Parksie Platform.
- Only use the Parksie Platform as authorized by these Terms or another agreement with us.
- You may use another Member’s personal information only as necessary to facilitate a transaction using the Parksie Platform as authorized by these Terms.
- Do not use the Parksie Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use content made available through the Parksie Platform solely as necessary to enable your use of the Parksie Platform as a Member.
- Do not use Content unless you have permission from the Content owner, or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a Booking or any payment outside of the Parksie Platform to avoid paying fees, Taxes or for any other reason.
- Do not require or encourage Parking Seekers to open an Account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during or after a Booking, unless authorized by us.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not use, copy, display, mirror, or frame the Parksie Platform, any Content, any Parksie branding, or any page layout or design without our consent.
- Honor your legal obligations.
- Understand and follow Applicable Law that applies to you, including privacy and data protection law.
- If you provide us with someone else’s personal information, you (a) must do so in compliance with Applicable Law, (b) must be authorized to do so, and (c) authorize us to process that information.
- Read and follow these Terms and any other Parksie policies, guidelines, and standards.
- Do not organize or facilitate unauthorized parties or events.
- Do not use the name, logo, branding, or trademarks of Parksie or others without permission.
- Do not use or register any domain name, social media handle, trade name, or other source identifier that may be confused with Parksie branding.
- Do not list or offer a Parking Spot that violates Applicable Law or agreements that apply to you.
- Do not list, rent, or book any Parking Spot listed on the Parksie Platform through means outside the Parksie Platform. You may not use the Parksie Platform or Content to facilitate or enter Parking Spot rental transactions independent of the Parksie Platform. If a Member violates this rule, they agree to pay Parksie the fees they would have incurred if the rental had been confirmed through a Booking on the Parksie Platform.
- Do not accept or make a payment for a Booking outside the Parksie Platform.
- Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Parksie. In addition, if you believe that a Member, Listing or Content has violated our Terms, you should report your concerns to Parksie. If you reported an issue to local authorities, Parksie may request a copy of that report. Except as required by Applicable Law, you agree that we are not obligated to act in response to any report.
- Copyright Notifications. You agree to notify us if you believe that any Content on the Parksie Platform infringes copyrights.
17. Termination, Suspension, and Other Measures
- Term. The agreement between you and Parksie reflected by these Terms is effective when you access the Parksie Platform (for example, to create an Account) and remains effective until either you or we terminate the agreement in accordance with these Terms.
- Termination. You may terminate this agreement at any time by sending us an email or by deleting your Account. Parksie may terminate this agreement and your Account for any reason by giving you 30 days’ notice by email or any other contact method you have provided for your Account. Parksie may terminate this agreement immediately and without notice and stop providing you access to the Parksie Platform if (i) you breach these Terms, (ii) you violate another Parksie policy, guideline, or standard, (iii) you violate Applicable Law, or (iv) we believe termination is reasonably necessary to protect Parksie, a Member, or a third party. If your Account has been inactive for more than two years, we may terminate your Account without prior notice. If you terminate your Account, we may cancel any confirmed Bookings and refund Parking Seekers in accordance with these Terms. Parksie will not refund Service Fees if a Booking is cancelled due to Member termination of this agreement.
- Member Violations. Parksie reserves the right to investigate and prosecute any violation of these Terms or Applicable Law to the fullest extent permitted by Applicable Law. If (i) you breach these Terms, (ii) you violate another Parksie policy, guideline, or standard, (iii) you violate Applicable Law or, (iv) we believe it is reasonably necessary to protect Parksie, a Member, or third party, we may, without notice:
- suspend or limit your access to or use of the Parksie Platform or your Account;
- suspend or remove Listings, reviews, or other Content;
- cancel pending or confirmed Bookings; or
- suspend or revoke any special status associated with your Account.
- Legal Mandates. Parksie may take any action it determines is reasonably necessary to comply with Applicable Law.
- Effects of Termination. If you are a Parking Owner and terminate your Account, any Booking(s) will be automatically cancelled and your Parking Seekers will receive a refund in accordance with these Terms. If you terminate your Account as a Parking Seeker, any Booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your Account or any of your Content. If your access to or use of the Parksie Platform has been limited, or your Account has been suspended, or this agreement has been terminated by us, you may not register a new Account or access or use the Parksie Platform through an Account of another Member.
- Survival of Terms. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
- Parksie may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Parksie Platform and update the “Last Updated” date of the Terms. Changes to the Terms are effective at the time of posting. We will provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Parksie Platform will constitute acceptance of the revised Terms.
19. Member Cooperation
- You agree to cooperate with and assist Parksie in good faith, and to provide any information we request, and to take such actions as may be reasonably requested by Parksie with respect to any investigation undertaken by Parksie regarding any Dispute
- Members agree to take reasonable steps to participate in and to reasonably cooperate with mediation or similar dispute resolution processes conducted by Parksie or a third party selected by Parksie or its insurer, with respect to losses for which a Member is requesting payment from Parksie under these Terms.
20. Parksie’s Role
- We work hard to ensure Members have great experiences using the Parksie Platform, but we do not and cannot control the conduct of Members. You acknowledge that Parksie has the right, but does not have any obligation, to monitor the use of the Parksie Platform and verify Content. For example, we may review, disable access to, remove, or edit Content to (i) operate, secure and improve the Parksie Platform (including for fraud prevention, risk assessment, investigation and customer support purposes), (ii) ensure Members’ compliance with these Terms, (iii) comply with Applicable Law, (iv) address Content that we determine violates these Terms, (v) take actions set out in these Terms, and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.
- You acknowledge and agree that Parksie administers its policies, standards, and guidelines, including decisions about whether and how to apply them to a particular situation, at its sole discretion.
21. Disclaimer of Warranties
- We provide the Parksie Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Parking Owner, Parking Seeker, Parking Spot, Listing, Parking Owner offering, or third party, (ii) we do not warrant the performance or non-interruption of the Parksie Platform, and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Parksie has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
22. Limitations on Liability
- Neither Parksie (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Parksie Platform or any 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) the use of or inability to use the Parksie Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Parksie Platform, or (iv) publishing or booking of a Listing, including the provision or use of a Parking Spot, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Parksie has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
- Except for our obligation to transmit payments to Parking Owners under these Terms, in no event will Parksie’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Parksie Platform, any Content, or any Parking Owner Service, exceed:
- to Parking Seekers, the amount you paid as a Parking Seeker during the 1-month period prior to the event giving rise to the liability;
- to Parking Owners, the amount paid to you as a Parking Owner in the 1-month period prior to the event giving rise to the liability; or
- to anyone else, one hundred U.S. dollars ($100.00).
- These limitations of liability and damages are fundamental elements of the agreement between you and Parksie. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
- To the maximum extent permitted by law, you agree to release, defend (at Parksie’s option), indemnify, and hold Parksie (including its affiliates and their personnel) 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, (ii) your violation of another Parksie policy, standard, rule, or guideline, (iii) your improper use of the Parksie Platform, (iii) your interaction with any Member or provision or use of a Parking Spot, 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, provision or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of Applicable Law.
24. United States Governing Law and Venue
- Arbitration. These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), federal arbitration law, and the laws of the State of New Jersey, without regard to conflict-of-laws principles. You and we agree to submit all Disputes to arbitration by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, available at www.jamsadr.com (“JAMS Rules”). If there is a dispute about whether this paragraph can be enforced or applies to our Dispute, you and Parksie agree that the arbitrator will decide that issue. All arbitration proceedings shall be located in New Jersey unless we agree in writing to another location or to conduct proceedings by telephone, videoconference, or other means. You and Parksie intend that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. Any judicial proceeding that is excluded from arbitration must be brought in state or federal court in New Jersey. You and Parksie both consent to venue and personal jurisdiction in Ocean County, New Jersey.
- If any portion of this Section 24 is deemed illegal or unenforceable, such provision will be severed and the remainder of the section will be given full force and effect.
- Other Terms Incorporated by Reference. All other Parksie policies, standards, and guidelines apply to your use of the Parksie Platform, are incorporated by reference, and form part of your agreement with Parksie under these Terms.
- Interpreting These Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Parksie and you pertaining to your access to or use of the Parksie Platform and supersede any and all prior oral or written understandings or agreements between Parksie and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Parksie. 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. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
- No Waiver. Parksie’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.
- Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Parksie's prior written consent. Parksie may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
- Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Parksie via email, Parksie Platform notification, messaging service, or any other contact method we enable, and you provide.
- Third-Party Services. The Parksie Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Parksie is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. You assume all responsibility for and risk arising from your use of Third-Party Services.
- Apple and Google Terms. These Terms may not provide for usage rules for the Parksie Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Parksie acknowledges that it had the opportunity to review the Usages Rules and these Terms are not conflicting with them. When you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some parts of the Parksie Platform may use Google Maps/Earth. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
- Parksie Platform Content. Content made available through the Parksie Platform may be protected by copyright, trademark, and/or other Applicable Law of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Parksie or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Parksie Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Parksie grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Parksie Application on your personal device(s), and (ii) access and view the Content made available on or through the Parksie Platform and accessible to you, solely for your personal and non-commercial use.
- Force Majeure. Parksie shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Emails and SMS. You will receive administrative communications from us using the phone number or other contact information you provide for your Account. You may also receive promotional emails and texts from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Account.
- Purpose of Headings. Headings in these Terms are solely for reference objectives and do not limit the scope or extent of the Terms.
- Parking Spot Towing Corporate Partnerships. Parksie had no partnerships or affiliations with any vehicle towing services, and similar entities (collectively “Parking Spot Towers”). The specific services rendered by a Parking Spot Tower depend on the location and availability of the Parking Spot Tower. Parking Spot Towers generally tow Vehicles from Parking Spots when a Parking Seeker is in breach of the Booking or not in compliance with Applicable Law. Parking Spot Towers shall be indemnified from liability in all instances in which they use commercially reasonable practices to ensure appropriate compliance for each Parking Spot. Should there be a concern with a Vehicle in a Parking Spot, the Parking Owner must notify Parksie within 48 hours and may notify Parking Spot Towers to address the concern accordingly.
- Parksie Price Discretion. Parksie, in its sole discretion, may increase or discount a Parking Owner’s listed Parking Spot Fee or a Parking Seeker Fee in any manner it deems appropriate, including but not limited to providing promotional codes to Parking Seekers.
- Promotional Offer Terms. From time to time, Parksie may offer promotions. The following terms apply to all promotional offers, unless we provide otherwise:
- All promotions are limited time offers.
- Parksie reserves the right to modify or cancel an offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- A promotional offer is limited to one per customer and account.
- A promotional offer may not be combined with other offers.
- A promotional offer is non-transferrable and may not be resold.
- A promotional offer discount will be allocated proportionally among all promotional items in your order.
- If you violate any of the promotional offer terms, the offer will be invalid.
- Property Damage Claims. A Parking Owner may claim that a Parking Seeker damaged a Parking Spot during a Booking (a “Damage Claim”). The Parking Owner may seek payment for a Damage Claim from the Parking Seeker through the Parksie Platform. A Parking Owner may escalate the Damage Claim to Parksie if the Parking Owner and the Parking Seeker are unable to resolve the claim. If a Parking Owner escalates a Damage Claim to Parksie, the Parking Owner must provide Parksie with the Booking information, a description of the damage, and evidence to support the Damage Claim (such as photographs). After a Parking Owner escalates a Damage Claim to Parksie, the Parking Seeker will be given notice and an opportunity to respond. Parksie may, in its sole discretion, resolve a Damage Claim in favor of a Parking Seeker or Parking Owner. If Parksie resolves a Damage Claim in favor of a Parking Owner, Parksie will collect costs from the Parking Seeker’s Payment Method under these Terms. Parksie reserves the right to collect payment from a Parking Seeker in situations in which Parksie has determined, in its sole discretion, that a Parking Seeker has damaged a Parking Spot or other Parking Owner property. You agree that Parksie may seek to recover from you under any insurance policies you maintain and that Parksie may also pursue against you any remedies it may have available under Applicable Law. You agree to cooperate in good faith, provide any information Parksie requests, execute documents, and take further reasonable action, in connection with Damage Claims.
- Contact Us. If you have any questions about these Terms, please email us at firstname.lastname@example.org.