TERMS OF SERVICE
If you’re using the Parklee Site, Application or Services, you’re contracting with Parklee with respect to use of the Parklee Site, Application or Services. The Parklee Site and/or Application or Services are each hereinafter referred to as “Parklee“, “we“, “us“, or “our“).
Parklee is excited to provide an online platform that connects owners of parking spaces, parking lots and/or driveways with renters seeking to rent such parking spaces (collectively, the “Services”), which Services are accessible at www.Parklee.com and any other websites through which Parklee makes the Services available (collectively, the “Site”) and on the Parklee application for mobile devices (the “Application”).
The important things:
By using the Site or Application, you’re agreeing to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user.
These terms oversee your access to, and use of, the App and its Collective Content. It’s a binding legal agreement between you and Parklee.
If you don’t agree to these Terms, you have no right to obtain information from or otherwise continue using the App.
Failure to use the App in accordance with these Terms may subject you to civil and criminal penalties.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
Parklee reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.
– If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification.
– By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you’re indicating that you agree to be bound by the modified Terms.
– If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
– If the Site, Application or Services are changed, discontinued suspended, Users will be notified via e-mail or other mean off ( of) communication.
The Site, Application and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. You must have a verified phone number and valid state issued driver’s license to use the App. We reserve the right to remove a Listing for any reason.
How the Site, Application and Services Work
Parklee makes available an online platform or marketplace with related technology for Owners and Renters to arrange Parking Space bookings directly with each other through the use of the Parklee website or Application. Please be respectful; Users of Parklee are responsible for their actions, and for any actions of any individuals who’re present at the rental Space (including Owners).
The Site, Application and Services can be used to facilitate the listing and booking of legal parking spaces (“Parking Spaces” or “Spaces”).
Owners list these Spaces on the Site, Application and Services.
You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Parking Space or create a Listing, you must first register to create a Parklee Account (defined below).
Parklee is not an owner, operator or provider of said Spaces, including, but not limited to, parking lots, parking garages, driveways, private street parking or other legal spaces.
Parklee does not own, sell, resell, provide, rent, re-rent, manage and/or control any location designated for parking, including, but not limited to, parking lots, parking garages, driveways, private street parking or other legal spaces.
Unless explicitly specified otherwise in the Parklee platform, our responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
YOU UNDERSTAND AND AGREE THAT PARKLEE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS PARKLEE A REAL ESTATE BROKER, AGENT OR INSURER. PARKLEE HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PARKING SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In order to access certain features of the Site and Application, and to book a Space or create a Listing, you must register to create an account (“Parklee Account”) and become a Member. You may register to join the Services directly via the Site or Application or via a social networking site (i.e. Facebook).
We’ll create your Parklee Account and profile page for you based upon the personal information you provide to us or that we obtain via a social networking site. Please note:
You may not have more than one (1) active Parklee Account.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Parklee reserves the right to suspend or terminate your Parklee Account and your access to the Site, Application and Services if you create more than one (1) Parklee Account, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, if you violate any of the Terms of Service, or for any other valid reason to be determined at the sole discretion of Parklee.
You will take sole responsibility for any activities or actions under your Parklee Account, whether or not you have authorized such activities or actions.
You are responsible for safeguarding your password.
You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Parklee Account, whether or not you have authorized such activities or actions.
You will immediately notify Parklee of any unauthorized use of your Parklee Account.
You can also register to join by logging into your account with certain third-party social networking sites. You may link your Parklee Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Parklee through the Site, Services or Application; or (ii) allowing Parklee to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you’re entitled to disclose your Third-Party Account login information to Parklee and/or grant Parklee access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Parklee to pay any fees or making Parklee subject to any usage limitations imposed by such third-party service providers.
By granting Parklee access to any Third-Party Accounts, you understand that Parklee will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it’s available on and through the Site, Services and Application via your Parklee Account and Parklee Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Parklee Account on the Site, Services and Application.
If a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates access to the Third-Party Account, then SNS Content will no longer be available on and through Parklee.
You have the ability to disable the connection between your Parklee Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
Parklee makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Parklee is not responsible for any SNS Content.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Parking Space Listings by Owners
Owners of Spaces to be listed will need to provide: location, size, notable features, photos and availability. You understand and agree that once a Renter requests your Space, you may not ask the Renter to pay a higher price. You’re responsible for all Listings you post: (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of parking spaces and other properties), Tax requirements, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Parklee assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Parklee, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
You understand and agree that Parklee does not act as an insurer or as your contracting agent.
If a Renter requests a booking of your Space and parks a vehicle in your Space, any agreement you enter into with such Renter is between you and the Renter and Parklee is not a party thereto.
Parklee makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Space.
You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the location of your Parking Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space or drives to the Space, if applicable.)
Review any insurance policy that you may have for your Space and/or surrounding property carefully.
Make sure you understand any exclusions to, any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renter brings into the Space, if applicable) while utilizing your Parking Space.
Parklee recommends that you obtain appropriate insurance for your Spaces and/or surrounding property.
PARKLEE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. PARKLEE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SPACES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S OWN RISK.
We don’t endorse any Member or any Parking Space. Please exercise due diligence and care when deciding whether to book a Space or to accept a booking request from a Renter, or to have any other interaction with any other Member. Parklee is not responsible for any damage or harm resulting from your interactions with other Members. We encourage you to communicate directly with other Members on the Site regarding any bookings or Listings.
You understand that images provided by Owners in Listings are intended only to indicate a photographic representation of the Parking Space at the time the photograph was taken.
Owner Images are not an endorsement by Parklee of any Member or any Space.
Members are required by these Terms to provide accurate information, and although Parklee may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we don’t make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Parklee doesn’t guarantee as to any Member or any Member’s identity and Parklee does not provide an endorsement, certification or guarantee as to whether the Member is trustworthy, safe or suitable.
Any Member description is to be useful information for you when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.
Any legal liability you seek for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm.
You agree not to attempt to impose liability on or seek any legal remedy from Parklee with respect to such actions or omissions.
You’ll be required to either confirm or reject the booking request within the Booking Request Period; otherwise it’ll be automatically cancelled.
You’re responsible for honoring any confirmed bookings and making available any Space reserved through the Site, Application and Services.
You agree that you’ll be responsible for performing the obligations of any such agreements, that Parklee is not a party to such agreements, and that, with the exception of its payment obligations hereunder, ParkFlee ( Parklee) disclaims all liability arising from or related to any such agreements.
If you choose to enter into a transaction with an Owner for the rental of a Space, you’re acknowledging that you’ll be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such rental imposed by the Owner.
The Total Fees payable will be shown before booking your Space. If you’re requested booking is cancelled (i.e. not confirmed by the Owner) any amounts collected by Parklee will be refunded to you.
You’ll be asked to provide customary billing information (name, billing address and credit card information either to Parklee or its third-party payment processor(s)).
You agree to pay Parklee for any confirmed bookings made in connection with your Parklee Account in accordance with these Terms.
You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Parklee or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
You also authorize Parklee to charge your credit card in the event of damage caused during your use of a Parking Space as contemplated under “Damage to Parking Spaces and/or Owner’s Property” below.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
For the use of our online marketplace and platform, we charge Service Fees. Where applicable, Taxes may also be charged. Parklee deducts the Owner Fees from the Rental Fees before remitting the balance to the Owner as described in these Terms. Renter Fees are, as noted above, included in the Total Fees. Parklee will remit any balances to Owners via their payment preference.
General Booking and Financial Terms
Parklee provides a flexible-rate booking model, for fast, convenient booking.
For the Owners:
– Parklee charges a 10% fee for every booking, so Owners can expect to receive (Whatever price they set minus 10%) per hour, (amount will vary based on owner’s price) for any booking under an hour and (the amount the owner chooses) per 24 hour period.
– We’ll automatically deposit all rental fees, less the 10% Parklee fee into Owner’s account approximately once every two weeks.
For the Renters:
– Parklee will deduct the total rental cost from Renter’s Stripe Account at the time of booking.
Cancellations and Refunds
All refunds will be made to Renter’s Account.
For the Renter:
– Hourly Booking cancelled at least 30 minutes before Booking start time: Renter will receive a refund of the parking price, less $5 and the applicable Stripe fee. Owner will receive $5.
– Hourly Booking cancelled less than 30 minutes before Booking start time: Renter will not receive a refund. Owner will receive the full Booking price, less Parklee’s fee.
– Daily Booking cancelled at least 4 hours before Booking start time: Renter will receive a refund of the parking price, less $10 and the applicable Stripe fee. Owner will receive $10.
– Daily Booking cancelled less than 4 hours before Booking start time: Renter will not receive a refund, and Owner will receive the full parking price, less Parklee’s fee.
– Weekly Booking cancelled at least 24 hours before Booking start time: Renter will receive a refund of the parking price, less $20 and the applicable Stripe fee. Owner will receive the predetermined rate of the booking.
– Weekly Booking cancelled less than 24 hours before Booking start time: Renter will not receive a refund. Owner will receive the full Booking price, less Parklee’s fee.
– Monthly Booking cancelled at least 48 hours before Booking start time: Renter will receive a refund of the parking price, less $50 and the applicable Stripe fee. Owner will receive the predetermined rate of the booking.
– Monthly Booking cancelled less than 48 hours before Booking start time: Renter will not receive a refund. Owner will receive the full Booking price, less Parklee’s fee.
– If you cancel your requested booking before the requested booking is confirmed by an Owner, Parklee will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
– If you cancel a confirmed booking made via the Site, Application and Services, either prior to or during the Rental Period, our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of above cancellation policy.
– If you choose to leave the Parking Space prior to the completion of the Rental Period, you’ll be charged the agreed upon rate for the entire Rental Period, unless otherwise specified in the cancellation policy of the Owner contained in the applicable Listing.
For the Owner:
– If you cancel a confirmed Booking for any reason, Renter will receive a full refund of the parking price.
– Parklee will refund the Total Fees for such Booking to the Renter within a commercially reasonable time of the cancellation.
– If you cancel multiple confirmed Bookings, Parklee may apply penalties or consequences to you or your Listing, at the discretion of Parklee.
– Parklee may decide at its sole discretion, that it’s necessary to cancel a confirmed booking made via the Site, Application and Services. You agree that Parklee and the relevant Members will not have any liability for such cancellations or refunds.
Payment Processing Errors
We’ll take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Whether you are a Renter or Owner, you agree that any claim or cause of action relating to collection and remittance of taxes shall not extend to Parklee.
– Tax regulations may require us to collect appropriate tax information from Owners, or to withhold taxes from payouts to Owners, or both.
– You as an Owner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as an Owner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
– You as an Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Parklee cannot and does not offer Tax-related advice to any Members.
– You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Space is located may require Taxes to be collected by Owners for parking space rentals, based on the amount paid for the right to use the space, and to be remitted to the respective Tax Authority. These taxes generally require collection, and are remitted as a percentage of the Rental Fees set by Owners.
– Parklee may decide in its sole discretion to facilitate collection and remittance of taxes from Renters on behalf of and in-lieu of Owners, if such tax jurisdiction asserts Parklee and the Owner have a sales tax collection and remittance obligation.
– In any jurisdiction in which we decide to facilitate collection and remittance of sales taxes, whether you are a Renter or Owner you hereby instruct and authorize Parklee to collect the applicable sales taxes from Renters on behalf of and in lieu of Owners at the time Rental Fees are collected, and to remit such taxes to the Tax Authority.
– For any jurisdiction in which we facilitate collection and remittance of sales taxes, Owners and Renters expressly grant us permission to transfer data and other information relating to sales taxes, if any, collected and remitted relating to your Rental.
The Rental Agreement: Obligations & Liabilities for Users
Your vehicle is properly registered and insured.
You hold a valid, state-issued driver’s license.
Your vehicle is in working order; it does not leak fluid, oil, or any other substance.
You’ll use the Parking Space solely to park your car for the Rental Period as agreed to in the Rental Agreement.
You’ll park the car and leave the Space within the agreed to Rental Period
You will not commit any crimes while utilizing the Parking Spot and/or while on the Owner’s property.
You will not store any illegal substances, firearms, flammable items and/or any other illegal objects or contraband in your car.
You agree not to drive into the Space more than twice (once for entry and once for exit), unless expressly authorized in the Rental Agreement.
You will be the only driver of the Vehicle during the Rental Period.
You agree that any fluid leaks, such as oil and gas, will be repaired promptly.
You agree not to perform maintenance on your car while in the Parking Space.
In the event of emergency car work (for tire or battery changes) you’ll pay the Owner a fee.
If you stay in the space past agreed upon Rental Period, you would be charged a penalty rate of 110% of the initial rental rate, to be charged in fifteen-minute increments.
You’re responsible for lawful disposal of tires or batteries.
You agree only to park the Subject Vehicle in the Parking Space, and that no other items or vehicles shall be stored in the Parking Space.
You agree not to assign or otherwise transfer the Rental Agreement or the terms to any other individual.
You agree to keep all contact and payment information up to date.
You agree to observe all traffic, state, federal and local laws during the Rental Period.
You agree to leave the Parking Space in the condition it was in at the beginning of the Rental Period.
You agree that you’re responsible for your own acts and are also responsible for the acts of any individuals you bring to the Parking Space.
You agree to cooperate with and assist Parklee in making a claim under your insurance policy related to any damage or loss to Owner’s personal or real property that you may have caused or been responsible for.
You agree to cooperate with and assist Parklee in good faith, and to provide Parklee with such information as may be reasonably requested, in order to make a claim under your automobile insurance policy.
You’re required to cover the potential replacement cost of Owner’s electronic garage door opener and/or entry lock and keys, in case of loss.
You’re solely liable for any damages or theft of property from the Parking Space, unless such damage or theft was caused as a direct result of Owner’s actions and/or negligence.
You’re responsible for any damage to any building, concrete pavement, foliage and/or other vehicles near, surrounding, on or in Owner’s Parking Space.
If the Owner reports property damage to Parklee, you’ll be notified of the claim and given seventy-two (72) hours to respond.
If you fail to respond, payment for the damages will be charged to your credit card. If Parklee is unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Space to the Owner.
If you don’t remove the Vehicle from the Space at the conclusion of the Rental Period, Owner may tow the Vehicle at your expense or charge you a penalty rate of 110% of the Rental Fees as set by the Rental Agreement, to accrue in fifteen (15) minute increments.
If the Vehicle leaks fluid on Owner’s property, Owner may elect to a) charge you a cleanup fee, to be set forth in the Rental Agreement or b) request you to provide cleaning services to remove the stain promptly and to the satisfaction of Owner.
You agree to provide the Renter with clear entry and exit to and from the Parking Space, without any encumbrances. Such clear entry and exit shall be required throughout the Rental Period, unless otherwise agreed to by the Owner and Renter in the Rental Agreement.
You agree to accurately identify and otherwise describe any Parking Space listed for rent.
You agree to immediately notify the Renter and Parklee of any issues or damage arising from a booking.
You agree to accurately and particularly list any damage caused to his or her property when submitting a claim for damage.
You’re not responsible for loss or damage to any vehicle or its contents by fire, vandalism, theft or any other cause, or for loss, damage or injury by the Renter or any other individual for claims of personal injury of any nature.
You’re responsible for any damage caused to Renter’s vehicle as a direct result of your actions.
You agree to cooperate with and assist Parklee in making a claim under your homeowners, renters or automobile insurance policy related to any damage or loss to Renter’s Vehicle that you may have caused or been responsible for.
When using Parklee, you must provide accurate, honest and updated information. We want everyone to enjoy the process of using Parklee. Please remember, you may not:
– Choose a user name of another individual with the purpose of impersonating that person.
– Choose a username subject to any rights of a person other than yourself without proper permission.
– Choose a username that is offensive, vulgar and/or obscene.
– Use another individuals’ account or registration information without permission, or publish, give out or post login information for your account.
– Notify Parklee immediately of any breach of security or unauthorized use of your own account.
– Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.
– Copy, store or otherwise access any information contained on Parklee for purposes not expressly permitted by these Terms.
– Infringe the rights of any person or entity, including Parklee, including without limitation, their intellectual property, privacy, publicity or contractual rights.
– Interfere with or damage our Site, Application or Services through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
– Use Parklee to transmit, distribute, post or submit any information concerning any other person or entity.
– Use Parklee in connection with the distribution of unsolicited commercial email (“spam”) or advertisements.
– “Stalk” or harass any other user, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Parklee Renter or Owner.
– Contact a Member for any purpose other than asking a question related to a Listing.
– Use Parklee to find a Parking Space and then complete a booking independent of our services, in order to circumvent the obligation to pay any Service Fees, or for any other reason.
– Post, upload, publish, submit or transmit any Content that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
– Post, upload, publish, submit or transmit any Content that is fraudulent, false, misleading or deceptive.
– Post, upload, publish, submit or transmit any Content that is defamatory, obscene, pornographic, vulgar or offensive.
– Post, upload, publish, submit or transmit any Content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
– Post, upload, publish, submit or transmit any Content that is violent or threatening or promotes violence or actions that are threatening to any other person.
– Post, upload, publish, submit or transmit any Content that promotes illegal or harmful activities or substances.
Parklee has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Copyright, trademark, and other laws of the United States and foreign countries protect Parklee. All associated intellectual property rights, are the exclusive property of Parklee and its licensors. You will not remove, alter or obscure copyright, trademarks, service marks or other proprietary rights notices incorporated in or accompanying Parklee.
Subject to your compliance with these Terms, Parklee grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Parklee reserves all rights in the Application not expressly granted to you by these Terms.
Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Parklee grants you a limited, non-exclusive, non-transferable license, to: (i) access and view any Parklee Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Parklee or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Parklee a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.
Parklee does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Parklee the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Parklee’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Parklee used herein are trademarks or registered trademarks of Parklee. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You acknowledge and agree that all Feedback will be the sole and exclusive property of Parklee and you hereby irrevocably assign to Parklee and agree to irrevocably assign to Parklee all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
Suspensions, Terminations and Parklee Account Cancellations
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Parklee Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
Your Parklee Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Parklee Account or your Member Content.
Any pending or accepted future bookings as either Owner or Renter will be immediately terminated.
We may communicate to your Owner or Renter that a potential or confirmed booking has been cancelled.
We may refund your Renters in full for any and all confirmed reservations, irrespective of preexisting cancellation policies.
You will not be entitled to any compensation for Rental Agreements or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your account. You may cancel your account at any time through the “Account Settings” portion of the Site.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PARKLEE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PARKLEE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PARKLEE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PARKING SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PARKLEE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PARKLEE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEMBERS. YOU UNDERSTAND THAT PARKLEE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. PARKLEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PARKLEE. NOTWITHSTANDING PARKLEE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, PARKLEE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACES VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PARKLEE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PARKLEE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARKLEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PARKLEE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY PARKLEE TO YOU IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PARKLEE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold PARKLEE and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Space , or (iii) creation of a Listing; and (d) the use, condition or rental of a Parking Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Parking Space.
These Terms constitute the entire and exclusive understanding and agreement between Parklee and you regarding the Site, Application, Services, Collective Content and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Parklee and you regarding bookings or listings of Accommodations, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Parklee’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Parklee may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Parklee (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions.
The failure of Parklee to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Parklee. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.