Welcome! By using the Parkaze website and/or mobile application (collectively the “Sites”), you agree to be bound by the following terms and conditions (the “Terms”). As used in these Terms, Parkaze, LLC will be referred to as “Parkaze” or “we”, and you will be referenced as “you”. These Terms relate to the services provided by Parkaze, which are limited to informing you of the location and apparent availability of parking with third party providers of parking spaces (“Hosts”) and providing you the ability to pre-book parking (each, a “booking”) with Hosts (the “Services”). These Terms constitute the entire agreement between you and Parkaze regarding your use of the Site, and supersede all other written or oral agreements.
By using the Sites and any information, content, materials and documents (“Materials”) made available on the Sites you are agreeing to be bound by the Terms, including any notices contained or referenced in the Terms. If you do not wish to be bound by the Terms please do not use the Sites or Materials. If you are aged 18 years or younger, you may not use our Services or access the Sites. By using the Sites you represent that you are of sufficient legal age to agree to these Terms and create a binding legal obligation related to your use of the Sites and the Materials. You agree to promptly update your account information (if applicable) provided by you to the Sites in order to keep it current, complete, and accurate.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF ARBITRATION. YOUR USE OF THE SITES AND MATERIALS CONSTITUTES AN AGREEMENT THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SITES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH BELOW.
The Parkaze name, logo, all related product and service names, design marks, and slogans are trademarks or registered trademarks of Parkaze, LLC. Without our express written consent of us, you are not permitted to use the Parkaze name, logo, or mark in any advertising, publicity or in any other commercial manner or use the Parkaze domain name or any domain name that is confusingly similar to our domain name.
As between Parkaze and you; Parkaze retains all rights, titles, and interest in and to all intellectual property rights embodied in or associated with the Sites, including and any and all Services and Materials and any content created or derived therefrom. There are no implied licenses under these Terms, and any rights not expressly granted to you are reserved by Parkaze or its suppliers. You shall not take any action inconsistent with Parkaze’s ownership of Parkaze Materials, nor shall you exceed the scope of the licenses granted. All license rights granted are non-sublicensable, non-transferable and non-assignable.
Without limiting our rights or remedies of these Terms or at law and in equity, we may investigate complaints related to your use of the Services, the Sites and alleged violations of these Terms and we may take any action we deem appropriate in connection with any complaints, including but not limited to reporting activity to the appropriate law enforcement authorities or other persons or entities. Our failure to enforce any rights or remedies available to us with respect to your breach or violation of these Terms shall not constitute a waiver of such breach or of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms. Please be aware that even if you do not give us your real name, your web browser transmits a unique internet address to us that can be used to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Despite the convenience of the Services, the decision to utilize the Services is solely yours and you assume the responsibility and any assumption of risk associated with the Services. The allocation of parking spaces is solely under the control of Hosts. We, therefore, cannot be responsible for any consequences arising from the lack of suitable parking.
Warrant that the internet, the Sites or any email from us are free of ‘viruses’ or other potentially harmful effects.
The Services are intended for PERSONAL, NON-COMMERCIAL USE. You may not copy, reproduce alter, modify, create derivative works from, or rent, lease, loan, sell, distribute or publicly display any of the Materials, without our prior written consent. You may not use robots or other automated means to access the Sites.
We may modify or cease providing all or part of the Services at any time, including adding or deleting content or features or disabling certain aspects of the Services. Any modification or elimination of all or part of the Services will be done in our discretion and without any ongoing obligation or liability to you. Your personal access to all or part of the Sites and Services may be terminated or suspended at any time, with or without notice and for any reason. Upon termination or suspension, your right to access the Sites and use the Services shall immediately cease. If your access to the Services is suspended or terminated by us, you agree that you will not attempt to access the Services by any alias, fraudulent identity, or otherwise without our express approval.
Permission is granted to electronically copy and print in hard copy portions of the Sites for the sole purpose of using the Sites as a resource for locating available parking. Any other use of Materials on the Sites, including reproduction for any other purpose, is prohibited.
In order to fully participate in all Site activities, you must register for an account on the Sites (a “User Account”) by providing an email address and a password for your User Account. You can select any username you like for your account, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way (as determined in our sole discretion). You may, but are not obligated to, use your own name. You agree that all information you provide through the Sites in connection with creating your User Account or otherwise is and will be current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree that you will never divulge or share access information to your User Account with any third party for any reason. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur that are directly or indirectly caused by any unauthorized use of your User Account. You also agree to that you will create, use, and access only one User Account, and that you will not access the Sites using multiple User Accounts. The creation of multiple accounts is a violation of these Terms.
All comments, feedback, suggestions, and ideas (collectively, “Comments”) disclosed, submitted or offered to Parkaze in connection with your use of the Sites shall be and remain our exclusive property and may be used by us in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on the Sites or on radio, television, or print advertisements. Your first name, the first initial of your last name, and the town and state you live in may be used with any Comments you submit. Parkaze is under no obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You acknowledge and agree that you will not provide any information or material to us or the Sites that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity. You agree you will be solely responsible for the content of any Comments you make.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Sites in a manner that sends more request messages to the Sites’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Sites or the Materials.
Parkaze reserves the right to grant the operators of public search engines permission to use spiders to copy materials from the Sites for any uses which we determine are necessary or desirable for the operation of our business.
We may, from time to time, send you e-mail about your User Account or Services. We may also send you e-mail with general information or special offers about Services that may be of interest to you. In most cases, we will give you an opportunity to accept or decline the receipt of promotional e-mail.
If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.
We may disclose any of your information (including personal information) to third parties if we determine that disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Parkaze or our users; or (d) protect our property rights.
To the extent the Sites contain links to outside services and resources, those links are provided for your convenience only. One such example is our third-party payment processor, Square. We do not control those outside services or resource providers, and we are not responsible for their content or practices, including their privacy practices. These links are provided as a convenience only and shall not be construed as our endorsement of the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their websites or any products or services offered on those websites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Parkaze does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of these outside services and resources. We assume no responsibility or liability with respect to your entering such restricted access areas.
Parkaze makes no guarantees with respect to the availability or uptime of the Sites or the Materials. Parkaze may conduct maintenance on any of the foregoing at any time with or without notice to you.
The Sites the Services and the Materials are provided “AS IS” and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on the Sites, for any interruptions or errors in accessing the Sites, or for any viruses or other harmful components contained on the Sites or the servers from which the Sites are made available. We make no warranties or representations regarding the use of the materials in the Sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES OR THE MATERIALS OR SERVICES OFFERED THROUGH THE SITES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, OR A COURSE OF DEALING OR TRADE USAGE.
All parking prices on Parkaze.com are set directly by the Host, not Parkaze. Prices for parking can vary based on several factors, including but not limited to; location, distance, time of reservation, date of reservation, and event schedules. Parkaze, in its sole discretion, may add a convenience or administration fee to the posted parking rates. By purchasing parking thru the Sites you agree to pay the amount shown at the time you make the reservation.
Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. Parkaze may use certain trusted third parties to help us provide, improve, protect, and promote the Services. These third parties will access your information only to perform tasks on our behalf and in compliance with these Terms.
Pursuant to authorization hereby granted by you through the use of the Sites, Parkaze may use your mobile phone number or similar contact information to send text messages via automatic dialing technology. Parkaze only uses these phone numbers and/or contact information to facilitate your use of the Services. For example, Parkaze may send you a text message containing a parking pass, entry code or other information allowing you to access a parking spot. Additionally, Parkaze may send you a text message containing a link to download a copy of its software application, based upon your request.
Your use of the Sites includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR THOSE AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITES OR IN CONNECTION WITH THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF THE SITES, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITES, THE SERVICES OR THE MATERIALS, RESULTING FROM ACCESS TO OR OTHER USE OF THE SITES, OR RELIANCE ON ANY INFORMATION PRESENTED ON THE SITES, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF THOSE DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Parkaze’s liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via Parkaze in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
In accordance with applicable state law, certain warranties or limitations of liability may not be excluded and therefore may not apply to you specifically. In such case, our liability will be limited to the highest extent permitted by law.
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Boston, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with those Rules. The payment of any filing and arbitration fees will be in accordance with JAMS rules. The arbitrator will decide the substance of all claims in accordance with applicable law for the Commonwealth of Massachusetts and will honor all claims of privilege recognized by law. You agree that regardless of any statute or law to the contrary, any dispute or claim arising out of, related to, or connected with the use of Services or Terms must be filed within one (1) year after such claim arose or it will be forever banned. Any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Boston, Massachusetts.
YOU AGREE IN THE EVENT OF ANY DISPUTE OR CLAIM THAT YOU MAY HAVE AGAINST PARKAZE WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AS A PLAINTIFF OR CLASS MEMBER, OR CLASS-WIDE ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JUDGE OR JURY. HOWEVER, THIS CLAUSE WILL NOT APPLY TO CLAIMS BROUGHT BY PARKAZE FOR YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, VIOLATION OF THE NON-SOLICIT CLAUSE OF THIS AGREEMENT, OR VIOLATION OF THE COUPON ABUSE CLAUSE OF THIS AGREEMENT; IN WHICH CASE WE MAY SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF IN A COURT WITH JURISDICTION.
PARKAZE MAY MODIFY THE TERMS AT ANY TIME. IF WE MAKE MATERIAL CHANGES WE WILL NOTIFY YOU OF SUCH CHANGES. YOUR CONTINUED USE OF THE SITES WILL BE CONDITIONED UPON THE TERMS AND CONDITIONS IN FORCE AT THE TIME OF YOUR USE. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES OR MODIFICATIONS YOUR ONLY RECOURSE IS TO CEASE USE OF THE SITES AND SERVICES.
You acknowledge and agree that in the event any provision of these Terms is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms will not in any way be affected or impaired.
The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding these Terms, please email us at [email protected]
You are solely responsible for ensuring that all information regarding your bookings are correct including, if required, your license plate number, car make and model, and reservation time. Parkaze will not be liable to you if you enter any information incorrectly and you receive a ticket, a boot is placed on your vehicle, or your car is towed from the parking space If you arrive early or stay past your parking time you will be charged extra as deemed necessary by Parkaze. The booking is valid only for the times listed on the booking confirmation you may receive. You are responsible for ensuring that you arrive at the correct booked parking location. Parkaze is not liable for road closures or changing traffic conditions.
It is your responsibility to comply with any and all rules or regulations posted by Hosts. If a Host allows tailgating on its premises, it is your responsibility to comply and check any local city ordinance codes on what is permissible (e.g., no open flames, no cooking, etc.).
Parkaze reserves the right to suspend or terminate your User Account (and any alias accounts) and cancel all unused bookings if we determine that you have resold a booking at any time.
You may cancel reservation booking at any time up to 60 minutes prior to the start of your reservation. If you are unable to park due to the lack of parking spaces, an overstay in the booked space by a previous user or any other person, or because the Host provided inaccurate information, you must use the Sites to submit and document that issue for the purpose of seeking a refund.
By providing a credit card or other payment method for the purchase of the Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order.
Parkaze makes available to users of the Sites (“Renters”) listings of parking spots (“Spots”) uploaded to the Sites by independent owners, lessors, managers or operators of the Parking Spots (“Hosts”) and, as such, facilitates the reservation of Spots (“Reservations”). Parkaze does not establish the prices for Spots, operate Spots, or determine parking availability provided by Hosts.
By listing Spots as a Host on the Sites, you represent, warrant, and agree that:
a. You own, or have the legal right to rent, the parking space you use when providing Services.
b. You will not engage in reckless behavior or take action that harms or threatens to harm the safety of the Parkaze community or third parties.
c. You will only rent Spots using the parking space that has been reported to, and approved by Parkaze, and for which a photograph has been provided to Parkaze.
d. You will not attempt to defraud Parkaze or Renters on the Sites or in connection with your rental of Spots. If we suspect that you have engaged in fraudulent activity we may withhold applicable payments for the rental(s) in question.
e. You will make reasonable accommodations for Renters as required by law.
f. You agree that we may obtain information about you, including your criminal record, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
g. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
If a Host has entered into a separate written Host Agreement with Parkaze and such Host Agreement includes terms or conditions that conflict with the terms and conditions in these Additional Terms, the terms and conditions of the Host Agreement shall govern.
By listing Spots on the Sites, the Host agrees to honor any parking rented. All information provided in the listing on the Sites must be accurate. If the Host cannot fulfill the rental of a Spot or false information about the Spot is provided, Parkaze will hold the Host liable to reimburse the Renter for their expense. If Host continues to have issues with fulfillment Parkaze reserves the right to suspend or terminate the Host’s account. Note: It is illegal to rent Spots that you do not own or have the authority to rent, including but not limited to street parking. Any violations of this law will result in the immediate termination of your Parkaze account. Parkaze reserves the right to request proof of your ownership of parking or authority to rent parking in a particular location.
Parkaze guarantees payment to the Host for all bookings fulfilled by the Host minus the applicable Parkaze fee. Parkaze, in its sole discretion, reserves the right to charge an additional processing charge to Renters for certain parking transactions, if applicable this amount will not be included in Host’s payments. Payment will be issued in the form of a printed check or electronic bank transfer at the Host’s request which will be processed in no more than 10 business days.
You accept exclusive responsibility for filing and paying all relevant and applicable local, state, and federal taxes relating to the rental of Spots. Parkaze shall have no obligation to collect or remit any taxes on your behalf. You shall indemnify Parkaze from and against any costs, claims, and other liability incurred as a result of your failure to comply with your obligations under this clause.
The Renter’s name, contact information, vehicle make & model, and license plate number are provided to Hosts for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Host for any other purpose. This information is confidential information belonging to Parkaze and you agree not to share it with any third party, for any reason.
Hosts must submit a phone number for each Spot they list on Parkaze. Renters will be provided with this number to call in the event of a problem with their parking. Renters will be eligible for a refund at the Host’s expense if this number is not answered during the parking reservation period.
Hosts authorize us to withhold payment or charge their credit card account any amount owed to Parkaze if: a rental is canceled for any reason; An adjustment is made under our Parkaze guarantee; Parkaze reasonably believes that a Host has committed fraud or other illegal acts or omissions during any renting activity, or Host provides incorrect or misrepresented Spots and/ or parking related services for any rental or portion thereof.
We require Hosts to comply with our resolution process iif a Renter files a claim that they did not receive the reserved parking. Hosts permit us to make a final decision on any claim that a Renter files with Parkaze under the policy. If we resolve a dispute in the Renter’s favor, we will refund the Renter for the cost of the rental, and we will require the Host to reimburse us for the refund. Any Parkaze fees for the booking will be refunded to the Host. A warning notice will also be sent to the Host.
For future claims where the Host is found at fault after a warning has been issued, we will notify the Host and continue to charge the Host for any reimbursements made under the policy. In addition, we reserve the right to charge a $15 fee to cover chargebacks and other associated bank charges. Parkaze maintains the right to suspend or terminate a Host’s account if we suspect abuse or recurring account violations.
You grant Parkaze a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Sites and on the sites of our partners and affiliated companies, any content you provide to Parkaze in connection with your use of the Sites and our services. You agree that Parkaze shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Parkaze Host) in conjunction with Parkaze’s marketing, promotion and publicity efforts in any media known now or in the future.
The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding these Additional Terms, please email us a [email protected]