Website Terms of Use

Last Modified: April 10, 2019

1.     Acceptance of the Terms of Use

a.      These terms of use are entered into by and between You and Parkpoolr, LLC ("Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of https://www.parkpoolr.com/, including any content, functionality, and services (the “Services”) offered on or through https://www.parkpoolr.com/ (the "Website"), whether as a guest or a registered user, driver or host.

b.     Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.parkpoolr.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. BE AWARE, THESE TERMS OF USE CONTAIN, AMONG OTHER THINGS, LIMITATIONS OF LIABILITY AND INDEMNITY PROVISIONS IN FAVOR OF THE COMPANY.

c.      This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2.     Changes to the Terms of Use

a.      We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

b.     Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.     Accessing the Website and Account Security

a.      We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

b.     To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our https://www.parkpoolr.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

c.      A user may have an account (“Account”) created for them so that they can act as a booker (a “Poolr”),  i.e. someone who has booked or intends to book a parking space ("Parking Space") or act as a host ("Host"), that is, the owner or operator of the Parking Space which is to be listed or has been listed.

d.     You agree that you will not create any false Account on the Website or use your account with the Company for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.

e.      We have the right to disable any Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

f.      If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services. If you attempt to circumvent this clause by attempting to create a new Account, we reserve the right to terminate your access to the Website and any existing account you may have. Upon termination, you will no longer be able to use our Services.

4.     Services.

a.      Unless expressly stated otherwise, the Services provided by the Company are limited to informing users of the location and potential availability of certain Parking Spaces and facilitating reservations of Parking Spaces by listing such spots on the Website, processing reservations and collecting fees on behalf of Hosts. The Company does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Services.

b.     It is the Company’s goal that all Parking Spaces listed on the Website are of a high quality; however, we offer no guarantee as to the Parking Space's suitability for the Poolr’s requirements and it is the Poolr’s responsibility to confirm suitability before reserving any Parking Space.  We rely on the Host for details about a Parking Space given on the Website and we make no representation or warranty regarding the accuracy of any data (including, but not limited to, reservation availability data) received from any Host.

c.      Each Host is an independent third party and is not under the control of the Company. We are not a guarantor, agent, or otherwise affiliated with any Host.

d.     A Buyer is only able to book a Parking Space advertised on the Website once agreed by the Host. The listing for a Parking Space will indicate the availability, price and location of the Parking Space.

5.     Hosting Your Parking Space.

a.      As a Host, you:

                                                    i.     Authorize us to advertise your Parking Space on the Website and provide information to Poolrs and prospective Poolrs who may wish to use the Parking Space.

                                                  ii.     Authorize us to refer to you or your Parking Space, or provide information about your Parking at any time in the future to publicize ourselves, the Services or your Parking Space.

                                                iii.     Are  required to complete your own listing for the Website. As the Host, you agree to provide all relevant information about your Parking Space including but not limited to:

1.     the address of the Parking Space;

2.     any restrictions on the types of vehicles for which the Parking Space is suitable;

3.     any other information or restrictions which apply to the Parking Space which a Poolr should be aware of before booking the Parking Space.

4.     your name, address, email, date of birth and mobile number.

                                                iv.     Must provide us with any other information relating to you or the Parking Space as we may reasonably request at any time.

                                                  v.     Are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Poolr under these Terms of Use if the information you provide is inaccurate, incomplete or misleading in any way.

                                                vi.     Grant us the right that we reserve to conduct a physical inspection of the Parking Space at any time and may remove your listing if the Parking Space does not conform to the information you have provided.

                                               vii.     Appoint us as your agent for the purposes of forming an agreement between you and the Poolr to whom you agree to grant a license to use the Parking Space. You also appoint us to collect all or part of your fees from the Poolr and transfer to you minus any fees or charges as specified to you at the time of your booking confirmation.

b.     Once a Poolr has reserved your Parking Space, you agree to:

                                                    i.     Provide the Parking Space in accordance with the details and information set out in your listing;

                                                  ii.     Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties; and

                                                iii.     Honor any such reservation.

c.      You represent and warrant that you:

                                                    i.     Own or are authorized to use the Parking Space and are authorized to allow third parties to use the Parking Space and, where necessary, have permission from their landlord or other persons who control any apartment or complex of which the Parking Space is a part to do so.

                                                  ii.     Have all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.

 

6.     Host Liability.

a.      You agree to defend, indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, managers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from:

                                                    i.     your actions or omissions in relation to the Website, the Services or the Parking Space;

                                                  ii.     your violation of these Terms of Use; or

                                                iii.     your violation of any law.

b.     By agreeing to these Terms of Use you acknowledge that when you agree to a reservation with a Poolr you are voluntarily granting the such Poolr access to your property. By agreeing to these terms, you acknowledge that the Company is not responsible for any damage or loss to property or person that may occur while Poolrs are on your property or engaged in a reservation. All parking transactions are entered into at your own risk. We cannot and do not guarantee in any way the security or safety of your property. It is your responsibility to ensure that your property is properly secured. If your property is damaged by a Poolr, you agree to first attempt to resolve the matter with such Poolr. If the matter cannot be resolved through direct contact with the Poolr, you must contact the Company within 24 hours of the end of the reservation. The Company shall review the case and offer such recourse as the Company, in its sole discretion, deems necessary. We do not provide any insurance coverage to any Host at any time. You are solely responsible for obtaining the required insurance coverage necessary to rent out your property for use by others.

c.      You agree that the Company shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing your Parking Space on the Website.

 

7.     Reserving a Parking Space.

a.      As a Poolr, you agree to the following:

                                                    i.     You agree that in making a reservation, you have committed to paying the rate published for that Parking Space for the requested period.

                                                  ii.     You must only use the Parking Space at the times specified in your reservation. If you use the Parking Space at any earlier or later time, you will be liable to the Host and your vehicle may be towed or otherwise immobilized.

                                                iii.     You must use the vehicle that you have previously registered with your Account. If you use a different vehicle they you may be unable to park.

                                                iv.     You will keep the Parking Space clean, tidy and clear of debris.

                                                  v.     You will notify the Company immediately if any damage occurs to a Parking Space.

                                                vi.     You will not use the Parking Space for any purpose other than parking, including but not limited to any business or commercial use, or any illegal, annoying, inconvenient or damaging use.

                                               vii.     You will maintain a valid license, vehicle registration and driver’s insurance policy conforming to the information you provided when establishing your Account.

                                             viii.     You acknowledge that the Parking Space is someone else's property and you agree not to access any other part of the property to which the Parking Space is attached.

                                                ix.     You acknowledge that notwithstanding our provision of the Services and the ability to make reservations through the Website, the ultimate decision to utilize the parking information provided by the Services and to park at any Parking Space remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Services and/or deciding to actually park at any Parking Space.

b.     Each Poolr has primary responsibility for the their own safety and the safety of your vehicle during your reservation. You agree and acknowledge that the Host is not responsible for ensuring the your safety, or the safety of your vehicle.

8.     Poolr Liability.

a.      As a Poolr, you agree to indemnify and hold harmless the Host against all loss, liability, damages, costs and expenses arising from the your negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Host.

b.     By agreeing to these Terms of Use, you acknowledge that the Company is not the owner or operator of any Parking Spaces and is not responsible for any damage or loss to property or person that may occur while you are on the Host’s property or using your reserved Parking Space. All transactions are entered into at your own risk. We cannot and do not guarantee in any way the security of your vehicle or its contents. It is your responsibility to ensure that your vehicle is properly secured. If your vehicle is damaged while on a Host’s property, you agree to first attempt to resolve the matter with the Host. If the matter cannot be resolved through direct contact with the Host, you may contact the Company. The Company shall review the case and offer such recourse as the Company, in its sole discretion, deems necessary. If your vehicle is stolen, contact the police and your insurance provider immediately.

9.     Cancellations and Refunds.

a.      Reservations are fully refundable in accordance with the Company’s cancellation policy as described below. The Company reserves the right to modify its cancellation policy in its sole discretion subject to the notice provisions described above.

b.     The Company’s current cancellation policy is as follows: You have up until ten minutes before your reservation begins (the “Confirmation Deadline”) to cancel your parking and get a full refund.

c.      You can cancel or modify a reservation for any reason before the Confirmation Deadline unless noted otherwise. Following the start of the reservation, all reservations are non-refundable, regardless of your use or non-use of the reservation and regardless of any circumstance surrounding the use or non-use of a reservation (i.e., traffic or weather delays, cancellation of a related event).

10.  Intellectual Property Rights

a.      The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

b.     These Terms of Use permit you to use the Website for your personal, non-commercial use only.

c.      You must not:

                                          i.     Modify copies of any materials from this site.

                                        ii.     Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

                                      iii.     Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

                                      iv.     You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

d.     If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

11.  Prohibited Uses. You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:

a.      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

b.     For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

c.      To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

d.     To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

e.      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

f.      Additionally, you agree not to:

                                          i.     Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

                                        ii.     Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

                                      iii.     Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

                                      iv.     Use any device, software, or routine that interferes with the proper working of the Website.

                                        v.     Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

                                      vi.     Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

                                     vii.     Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

                                   viii.     Otherwise attempt to interfere with the proper working of the Website.

12.  Subscriptions. In the event that any of the Services are billed on a Subscription basis ("Subscriptions"), you will be billed in advance on a recurring, periodic basis (each period, a "Billing Cycle”) typically either on a monthly or annual basis. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel auto-renewal through your Account, or by contacting us as parkpoolr@gmail.com. If the Company changes the fees for any Services billed pursuant to a Subscription, the change will become effective only at the end of the then-current Billing Cycle. We will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

13.  Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

14.  Information About You and Your Visits to the Website.  All information we collect on this Website is subject to our Privacy Policy https://www.parkpoolr.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15.  Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16.  Geographic Restrictions. The owner of the Website is based in the State of Minnesota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17.  Disclaimer of Warranties

a.      THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

b.     YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

c.      TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

d.     THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.  Limitation on Liability

a.      TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

b.     THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.  Governing Law and Jurisdiction

a.      All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

b.     Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota and County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20.  Waiver and Severability

a.      No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

b.     If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21.  Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Parkpoolr regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

22.  Your Comments and Concerns

a.      This website is operated by Parkpoolr LLC, .

b.     All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: parkpoolr@gmail.com.