Terms of Service
Last updated: Aug 22, 2022
ParkStash provides on an online platform which has the sole purpose of enabling vehicle owners (“Drivers”) and parking space holders (“Hosts”) to connect, reserve and rent parking space from one another.
This set of ParkStash Terms & Conditions (this “Terms & Conditions”) applies to any and all use of (1) the ParkStash website at https://www.findparkstash.com and all affiliated websites owned and operated solely by ParkStash (collectively, the “ParkStash Site”), (2) the parking reservation services made available by ParkStash through the ParkStash Site, any ParkStash-branded application for your mobile or other device (each, a “ParkStash Application”), and any other online properties of ParkStash or third parties, as described in Part I below (the “Reservation Services”), and (3) any other services or features made available by ParkStash through the ParkStash Site or any ParkStash Application. Together, the items in (1) through (3) are referred to herein as the “Services”.
In this Terms & Conditions, “ParkStash” and “we” mean ParkStash, Inc., a Delaware C corporation, and/or “User” and “you” mean any user of the Services. This Terms & Conditions incorporates ParkStash’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Terms & Conditions (collectively, the “ParkStash Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Terms & Conditions, (1) you acknowledge that you have read, understand and agree to be bound by this Terms & Conditions, and (2) you represent and warrant that you are at least eighteen (18) years old and are not prohibited by law from accessing or using the Services. THIS TERMS & CONDITIONS CONTAINS, AMONG OTHER THINGS, LIABILITY AND INDEMNITY PROVISIONS AND AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
ParkStash may update or revise this Terms & Conditions (including any ParkStash Policies) from time to time without any prior notice to User. You agree that you will review this Terms & Conditions periodically. You are free to decide whether or not to accept a modified version of this Terms & Conditions, but accepting this Terms & Conditions, as modified, is required for you to continue using the Services. [You may have to click “accept” or “agree” to show your acceptance of any modified version of this Terms & Conditions.] If you do not agree to the terms of this Terms & Conditions or any modified version of this Terms & Conditions, your sole recourse is to immediately terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by ParkStash, any use of the Services (e.g., to use the Reservation Services) is subject to the version of this Terms & Conditions in effect at the time of use.
Key Definitions
“User”
Any individual who is in contact with the Services, whether registered or not. All Users are bound by these Terms and Conditions whether registered or not.
“Registered User”
Any individual who has contacted the Services, provided the required information and completed the steps necessary to create an account.
“Driver”
Any Registered User who uses the Services to seek parking space, request to utilize parking space, or complete an exchange of funds with Pavement or a Host for use of property.
“Listing”
A property which has been input into the Services and offered by a Host for Drivers to utilize.
“Reservation”
{‘An agreement between a Host and Driver to utilize a Host's offered Listing for a period of time, and the period of time during which a User’s vehicle is physically present on another User’s property as authorized by the agreement between Host and Driver.’}
“Reservation Services”
The Reservation Services are defined as all tools and features provided to Users for the purposes of searching for, browsing, comparing, requesting or reserving parking spaces listed by other ParkStash users as well as those tools/features provided for the purposes of managing, facilitating, editing and carrying out reservations, including payment processing, coupon redemption, messaging between users, archiving and tracking of past reservations and reservation activity for the purposes of granting User statuses or conducting loyalty programs, rating and reviewing of other users and their provided spaces and publishing of these ratings and reviews for use by other users, favorite listings, managing of vehicles and payment methods.
“Host Services”
The Host Services are defined as all tools and features provided to Users for the purposes of listing and offering property for rent to other ParkStash Users for temporary vehicle parking. The Host Services includes all tools/features provided for the purposes of managing and editing listing details and listing availability as well as all tools/features provided for the purposes of managing, facilitating, editing and carrying out reservations including payment processing and payout/distribution of funds to hosts, messaging between users, archiving and tracking of past reservations and reservation requests, tracking of Host activity and and Host performance for the purpose of granting Host statuses, rating of Drivers publishing of these ratings for use by other users, managing of payment methods.
Part I - Driver Reservation Services
1. Space Reservation. ParkStash provides the Reservation Services to Users for the sole purposes of providing Users information on the location and apparent availability of parking and assisting them in securing parking at participating third-party parking locations, including but not limited to private driveways, private garages, and private lots. In response to a User’s online request for a reservation through the ParkStash Site or a ParkStash Application, User communicates directly with the applicable individual holding/operating said space (the Host of the Listing) regarding such reservation request. The availability of reservations is determined at the time of a User’s query, and ParkStash makes no representation or warranty (i) regarding the accuracy of any data (including, but not limited to, reservation availability data) received from any Host. Each Host is an independent third party and is not under the control of ParkStash. ParkStash is not a guarantor, agent, or otherwise affiliated with any Host. You acknowledge that each Host may have its own policies, terms, and conditions. Once a reservation request is made by a User through the ParkStash Site or any ParkStash Application, the Host with such space will provide confirmation of the Reservation to such User either by pre-authorizing the Services to auto accept all reservation requests within specified hours and specified days, or by manual approval at the time of request. By using the Reservation Services, you agree to receive reservation confirmations by ParkStash messaging after requesting a Reservation through the Reservation Services. You may terminate your Registration at any time by email ParkStash at support@findparkStash.com.
In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Reservation Services provide to you in locating and reserving parking, the ultimate decision to utilize the parking information provided by the Reservation Services and to park at any location remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Reservation Services and/or deciding to actually park at any location. For the avoidance of doubt, ParkStash does not in any way provide parking services or any kind or operate any parking locations. FURTHER, PARKSTASH ASSUMES NO RESPONSIBILITY OR LIABILITY FOR 1) THE SAFETY OF ANY PERSON, PROPERTY, OR VEHICLE PARKED AT ANY LOCATION OR 2) THE ACTUAL AVAILABILITY OF PARKING AT ANY LOCATION. USE OF, OR A RESERVATION THROUGH, ANY PARKSTASH APPLICATION WILL IN NO WAY BE CONSIDERED A WARRANTY, GUARANTEE, OR OTHER REPRESENTATION THAT A SPECIFIC PARKING SPACE IS AVAILABLE AT ANY LOCATION AT ANY GIVEN TIME. PARKSTASH DISCLAIMS ALL LIABILITY FOR DAMAGES, DELAYS, OR OTHER CONSEQUENCES THAT MAY ARISE IF A PARKING SPACE IS UNAVAILABLE, OR IF A PARKSTASH APPLICATION OTHERWISE ERRS OR MALFUNCTIONS.
2. Calculation of Parking Rates; Payment Authorization; Taxes. You acknowledge that ParkStash does not determine parking rates with Hosts to facilitate the booking of Reservations. The parking rate displayed on the ParkStash Site or ParkStash Application is determined solely by the Host and ParkStash’s fees are in direct relation the price set by the Host. You agree to pay in full the price displayed on the Services for the total reservation price, which includes the parking rate plus, where applicable, service fees, and taxes at the time of your reservation request.
All Reservations and other transactions consummated through the ParkStash Site or a ParkStash Application will be turned over to the relevant Host, and thereafter, a User may be required to enter into a separate agreement with that relevant Host. You acknowledge and confirm that you are authorized and permitted to use any credit card that you register on the ParkStash Site or a ParkStash Application. When you fund a transaction, you agree that ParkStash is not in any way responsible or liable for the transaction. You acknowledge that ParkStash does not collect taxes for remittance to applicable taxing authorities. The Hosts are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions.
3. Prices. The price of a parking reservation will be determined by the Host with the legal right to reserve said private location. Prices at each private location may change from time to time and at any time, but any such changes will not affect bookings already accepted by a ParkStash Application. Despite ParkStash’s best efforts, some of the parking listed on the Services may be incorrectly priced. ParkStash is under no obligation to fulfill a Reservation, even after you have been sent confirmation of your Reservation. We do not guarantee that pricing for Reservations will be the best available at the time of reservation or reservation request.
4. Privacy Policy. ParkStash is committed to helping you safeguard your privacy online. Each User must review our ParkStash Privacy Policy for details about how we collect and use information about the use of ParkStash’s Services. The ParkStash Privacy Policy is expressly incorporated herein by reference.
5. Usage Guidelines. User agrees to use the Reservation Services only to book Reservations for User’s own use. Resale or attempted resale of Reservations is grounds for, among other things, cancellation of your Reservations and termination of your access to the Services. ParkStash expressly reserves all its rights and remedies under applicable state and federal laws. ParkStash reserves the right, in its sole discretion, to refuse service, terminate User accounts, remove or edit content, or cancel Reservations. User also agrees not to contact or attempt to contact Hosts by means other than the Services with intent to conduct a rental transaction for a property listed with the Services. You also agree not to use the Services to solicit or offer other users goods or services of any kind beyond reserving and renting parking spaces.
6. Damage to Person, Vehicle or Property. By consenting to this Terms & Conditions you acknowledge that when you enter into a rental agreement with a Host you are choosing to enter the property offered by the Host for parking at your own discretion. By agreeing to these terms, you acknowledge that ParkStash is not the owner or operator of any property available for rent via the Services and neither ParkStash nor the host is responsible for any damage or loss to property or person that may occur while you are on the Host’s property or engaged in a Reservation with the Host. All parking transactions are entered into at your own risk. ParkStash or the host 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 resolve the matter using your own insurance coverage or other means. You may contact ParkStash customer service to record your case so that we can assess the situation and offer recourse where ParkStash, in its sole discretion, deems such necessary. If your vehicle is stolen, contact the police and your insurance provider immediately. ParkStash and host do not provide any insurance coverage to a User at any time.
Part II - Host Services
7. Appointment as Agent. By creating a Listing in the Services and becoming a Host, you appoint ParkStash as your agent for the purposes of connecting your offered space with Drivers in need of parking services and forming binding agreements between you and Drivers using the Services. You also appoint as your agent for the collection and distribution of your rental fees and you agree to pay a fee to ParkStash for every rental transaction for these services.
8. Legal Right to Rent Property. ParkStash provides tools and features that enable Hosts to list and rent their property for parking use. By using the Services to list an available parking space for rent, you are attesting that you are the legal owner/operator of the property being offered or have obtained the right to rent out the property. It is your responsibility to be aware of and abide by all local laws, codes, or HOA and neighborhood policies. ParkStash is no way responsible for any repercussions stemming from your failure to make yourself aware of and abide by your local laws and regulations.
9. Honoring of reservations, Cancellations & Penalties. All Hosts will have the opportunity to approve or decline reservation requests from Users (whether manually at the time of request or by pre-authorizing ParkStash to automatically approve all requests for the period of the time that the listing is available). Once you have approved a reservation request, you must honor the request. If you choose to cancel an approved request you agree to be subject to the ParkStash Cancellation Policy which is subject to change at ParkStash’s sole discretion. You also agree that ParkStash may assess penalties for failure to deliver a reserved parking space to another User. Penalties may include but are not limited to, cash fines to be paid immediately or taken from your future earnings until paid in full, account suspensions and negative reviews posted publicly on the Services in association with your account, which will inform and warn other Users of your cancellation or failure to deliver a reserved parking space. By registering your payment information with the Services, you agree to allow ParkStash to automatically charge you in accordance with these policies. The fees and fines charged may vary.
10. Host Service Fees. By listing your property with the Services you agree to pay a portion of the gross parking cost to ParkStash as a service fee for all completed transactions. ParkStash may change its fees or fee structure at any time without notice.
11. Usage Guidelines. As a Host you agree not to contact or attempt to contact Drivers with intent to conduct a rental transaction in relation to a property that you have listed with the Services by means other than the Services. You also agree not to use the Services to solicit or offer other Users goods or services of any kind beyond reservation and rental of parking spaces.
12. Damage to Person or Property. By consenting to this Terms & Conditions you acknowledge that when you enter into a rental agreement with a Driver you are voluntarily granting the renting party consent to enter your property or a property which you have been licensed to operate. Wherever possible ParkStash will take steps to ensure that users and their property are safe from damage or harm, but by agreeing to these terms, you acknowledge that ParkStash is not responsible for any damage or loss to property or person that may occur while ParkStash users are on your property or engaged in a parking reservation with you. 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 another ParkStash user, you agree to first attempt to resolve the matter with the user. If the matter cannot be resolved through direct contact with the user, you may contact ParkStash Customer service to record your case so that we can assess the situation and offer recourse where possible and where we deem necessary. ParkStash does not provide any insurance coverage to any User at any time. You are solely responsible for obtaining the required insurance coverage necessary to rent out your property for use by others.
Part III – Terms for All Services
13. Access to the Services. At present the Services are free to access, but in order to access a majority of the features offered in the Services, you will be required to submit basic personal information.
14. Your Account. You are required to create an account with ParkStash through the ParkStash Site or ParkStash Application (“Account”) in order to use the Reservation Services. You are not permitted to register or maintain more than one (1) Account. We reserve the right to suspend or delete your Accounts if we believe that you are maintaining multiple Accounts or believe you have breached this Terms & Conditions in any way. When registering for an Account, you must provide true, accurate, current and complete data about yourself on the ParkStash registration form. You agree that you will not falsify any information about your identity, or impersonate another identity, or create an account with a fictitious identity. You also agree to promptly update your Account data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify ParkStash of any unauthorized use of your Account or any other breach of security related to your use of the Services. ParkStash will not be liable for any misuse or unauthorized access to any User’s Account.
15. Communications from ParkStash. By accepting this Terms & Conditions you agree to receive communications from ParkStash and the Services. The ParkStash Applications may use GPS locator capabilities to identify your location at the time of use. ParkStash may send you SMS text messages to provide you information regarding the Services or as otherwise described in our ParkStash Privacy Policy. You hereby consent to receiving such SMS text messages and are responsible for any associated charges from your cellular provider. The communication standards for the Services include, but are not limited to: Email, SMS, in-app messaging, and web-based browser technology. In order to use the ParkStash Applications, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services.
16. User-Generated Content. The Services provide a platform for Users to create and publish content of their creation. By publishing and displaying content of any kind on the ParkStash Site or through the ParkStash Applications you thereby assign and transfer copyright, and all other rights to such content, to ParkStash. For the avoidance of doubt we are permitted to use any content posted by you to the Services for any of our business purposes. This right will still apply after the termination of your registration or membership. You may not use the Services for any unlawful purpose or any purpose that violates any local policies, or to publish any content that may, at ParkStash’s sole discretion, be deemed offensive, inaccurate, misleading, defamatory, fraudulent, or illegal. Users are not entitled to publish any content that could be construed as an advertisement or offer for anything other than parking spaces that fall within this set of Terms & Conditions. ParkStash reserves the right to remove any content from the Services at any time at our sole discretion and without notice.
17. Promotional Uses. By accepting these Terms & Conditions you agree to allow ParkStash to use any of your quotes, photos or videos pertaining to ParkStash, including images and videos of you, as part of ParkStash’s media and promotional outreach.
18. Complaints and Disputes Between Users. In the case of a dispute between you and another User, you agree that you will first attempt to resolve the matter through direct communication, through the Services, with the User. In the event that the dispute cannot be resolved through direct communication, you may file a support ticket and request that ParkStash assist in resolving the matter. By doing so you authorize ParkStash to deal with the dispute or complaint as we deem appropriate. You also authorize us to use any and all funds we, or our merchant partners, may be holding on your behalf to resolves the matter. You additionally authorize us to deduct funds from or charge any payment method which you have registered with the Services for any amount up to $350 USD in order to resolve the matter.
19. Referral programs and promotional offers. ParkStash may choose to offer limited-time promotional offers or referral rewards programs. In order to be eligible for referral rewards, the Users referred by you must be brand new unregistered Users of the Services. They must also use the exact code given them by you to redeem an introductory offer or must sign up using the email or phone number with which you invited them. They must also complete a transaction as a Host or Driver before you can be eligible to receive rewards. The rewards offered may be changed by ParkStash at any time without notice. All promotional offers, coupon codes, introductory offers, account credits, or rewards may be changed, revoked, denied, or cancelled at any time without any notice and at ParkStash’s discretion, whether already granted to the User or not yet accrued.
20. ParkStash Promo Code Terms and Conditions. Any ParkStash promotional code or coupon in any form (the “Code”) issued by ParkStash is subject to the following terms and conditions (“Promo Terms”). Your receipt and/or redemption of the Code constitute acceptance of and agreement with these Promo Terms. Other terms and conditions may apply to use of the ParkStash Services. Specifically, without limitation, access to and use of the Service is subject to the ParkStash Terms & Conditions.
The Code is only redeemable on the Services. A Code can be used only once and only one Code may be used per transaction. Codes are void if not obtained through authorized, legitimate channels, or if any part of the code is altered, duplicated, forged, counterfeited, or tampered with in any way or do not contain proper security devices (a “nonconforming Code”). Any attempt to obtain or generate multiple Codes and/or nonconforming Codes and/or to use multiple names, email addresses, phone numbers, and/or any fraudulent or other non-permissible means to obtain or use Codes, as determined by ParkStash in its sole discretion, will give ParkStash the right to void the Code and disqualify the user. The Code has no cash value, and cannot be exchanged for cash or credit, except as required by law (in which case the value of the Code is deemed $0.001). The Code cannot be bought or sold and is void if sold or exchanged for compensation. Any unused value will be forfeited. Codes cannot be used for past purchases of Services or offers. Codes are void where prohibited by law.
If a Code is used in violation of these Terms, or if your use of the Code with the Services otherwise violates the Terms & Conditions, ParkStash reserves the right to (a) cancel any transaction on the Services; (b) void the value of the Code; and/or (c) charge your credit card for the full value of the Services ordered without the Code applied.
PARKSTASH AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY CODE. YOU HEREBY RELEASE PARKSTASH AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL LIABILITY RELATING TO THESE PROMO TERMS OR THE CODE.
21. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. ParkStash does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the ParkStash Site, and some features and portions of the ParkStash Site (including, but not limited to, making, modifying, or canceling Reservations) may not be accessible with JavaScript disabled. The user interface and functionality may not be the same across all platforms and devices. Your access to the Services may be occasionally restricted or blocked to allow for repairs, maintenance, or the introduction of new features. In these cases, we will attempt to restore access as soon as reasonably possible. Any such interruptions to the Service shall not constitute a breach of these terms by ParkStash. ParkStash will not be responsible for any failure or inability to make good on an agreement between and yourself and another User caused by a technical difficulty, connection or communication issue, or any interruption of the Services.
22. Modifications to Services. ParkStash reserves the right, in its sole discretion, to modify the Services from time to time and without any prior notice to User, including, without limitation, removing, adding, or modifying portions of the ParkStash Site, ParkStash Applications, and/or availability of certain Listings. ParkStash shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to immediately cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of, and consent to, such changes and satisfaction with all the Services.
23. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services and on the ParkStash Site and ParkStash Application are protected by copyright, trademark, patent and other intellectual property laws, and are the sole property of ParkStash. All text, graphical content, video, data, and other content made available through the Services (collectively, the “ParkStash Content”) are provided to User by ParkStash or its partners or licensors solely to support User’s permitted use of the Services. The ParkStash Content may be modified from time to time by ParkStash in its sole discretion and without notice to User. Except as expressly set forth herein, no license, right, or interest is granted to User for any other purpose, and any other use of the Services or the ParkStash Content by User shall constitute a material breach of this Terms & Conditions. ParkStash and its partners or licensors retain all rights in and to the Services, ParkStash Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
24. Application License. Subject explicitly to the terms and conditions of this Terms & Conditions, ParkStash grants User a non-exclusive, non-transferable, revocable license to use the ParkStash Applications, in object code form only, on User’s compatible devices, solely to facilitate User’s permitted use of the Services. Users grant to ParkStash a perpetual, royalty free, worldwide license to any improvement to or created from, or derivative works based on the Services.
25. Use Restrictions. The Services and ParkStash Content are offered solely for User’s personal use for the purposes described in this Terms & Conditions. Any and all other uses are prohibited. You agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any ParkStash Content except as expressly authorized by ParkStash; (b) take any action that imposes or may impose (in ParkStash’s sole determination) an unreasonable or a disproportionately large load on the Services or ParkStash’s infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or ParkStash Content to a third party; (e) use any portion of the Services or ParkStash Content to provide, or incorporate any portion of the Services or ParkStash Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only with advance notice to ParkStash); (g) modify any Services or ParkStash Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or ParkStash Content; (i) use the Services or ParkStash Content for any illegal purpose; or (j) publicly disseminate information regarding the performance of the Services or ParkStash Content or access or use the Services or ParkStash Content for competitive analysis or benchmarking purposes.
26. Do Not Use While Driving. You agree, represent, and warrant, so long as you use or access the Services YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or machinery. You understand that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment), or death. You further agree, represent and warrant, that you will not use or access the Services in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws. While effort is made to assure the accuracy of the information presented to the User, the User is solely responsible for safe driving and for the consequences of decisions as to where to travel, drive, or park. Under no circumstance will any of the ParkStash Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Users. You agree that no ParkStash Party shall be liable for any driving decisions made by you or at your suggestion, or for any damages, injury, or other harm caused by your use of or accessing the Services or ParkStash Content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and you hereby waive any claims or causes of action you may have, now or in the future, arising from or relating to the same. IN THE EVENT THAT ANY PARTY NAMES ANY PARKSTASH PARTY AS A DEFENDANT IN A CASE INVOLVING YOUR USE OF THE SERVICES WHILE OPERATING A VEHICLE, YOU AGREE TO INDEMNIFY AND HOLD ANY SUCH PARKSTASH PARTY HARMLESS IN SUCH ACTION.
27. Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users of any the Services are licensed only as commercial items and with only those rights that are granted to all other Users pursuant to this Terms & Conditions.
28. Export Control. You may not use, export, or re-export any of the ParkStash Applications, ParkStash Content, or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
29. Termination. ParkStash may suspend your ability to use all or any element of the Services or may terminate this Terms & Conditions effective immediately, without any notice or explanation. Without limiting the foregoing, ParkStash may suspend your access to the Services if we believe you to be in violation of any part of this Terms & Conditions (including any associated ParkStash Policies). After any suspension or termination, you may or may not be granted permission to re-establish an Account, and you may lose access to and be unable to use any points accumulated towards any rewards program (if any) in effect at the time. You agree that ParkStash shall not be liable to you for any termination of this Terms & Conditions or for any effects of any termination of this Terms & Conditions. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which ParkStash will have no liability whatsoever.
30. Reviews, Comments, Communications and Other Content. We appreciate hearing from you. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users and other third parties (“User Content”). You are solely responsible for all User Content you generate (and for your Account generally). Any such User Content must not be illegal, malicious, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, false, inaccurate, or otherwise injurious to third parties (including, but not limited to, any content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission for their rightful owner to specifically submit such content), or otherwise objectionable, and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ParkStash reserves the right (but has no obligation) to monitor, remove, or edit User Content in ParkStash’s sole discretion, including if the User Content violates this Terms & Conditions (including any associated ParkStash Policies), but you acknowledge that ParkStash may not regularly review submitted User Content. If you do submit User Content, please be aware that unless we indicate otherwise, you grant ParkStash a nonexclusive, perpetual, royaltyfree, irrevocable, and fully transferable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media. ParkStash takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
You agree to indemnify and hold any ParkStash Party harmless in the event ParkStash is named as a defendant in an action related to your User Content and you hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with this Terms & Conditions, to remove any and/or all of your submissions, and to terminate your Account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of any of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. ParkStash is not responsible for any public display or misuse of any User Content. ParkStash does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record your interactions with the Services and your submission(s) of User Content.
31. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by ParkStash and its other Users, partners, and licensees will not violate this Terms & Conditions, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at ParkStash’s request) defend ParkStash, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “ParkStash Parties”) from and against all claims resulting from (a) any User Content submitted by you, (b) your use of the Services or (c) any breach or alleged breach by you of this Terms & Conditions.
32. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO PARKSTASH GIFT CARDS AND MERCHANT GIFT CARDS, IN NO EVENT SHALL THE PARKSTASH PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (A) THIS TERMS & CONDITIONS; (B) ANY USE OF THE SERVICES, THE PARKSTASH CONTENT OR THE USER CONTENT; (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES); OR (D) YOUR VISIT TO ANY PARKING LOCATION OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY HOLDER OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE PARKSTASH SITE OR PACEMINT APPLICATIONS BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE PARKSTASH CONTENT. PARKSTASH IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY HOST FOR WHICH A USER HAS MADE A RESERVATION OR UTILIZES ANY COUPON.
You and ParkStash understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 below are essential elements of this Terms & Conditions, and that they represent a reasonable allocation of risk. In particular, you understand that ParkStash would be unable to make the Services available to you except on these terms and hereby agree that this Terms & Conditions will survive and apply even if any limited remedy specified in this Terms & Conditions is found to have failed its essential purpose.
33. Disclaimer of Warranties. THE SERVICES, ALL PARKSTASH CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. PARKSTASH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. PARKSTASH DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT PARKSTASH WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS, OR THAT PARKSTASH WILL REVIEW AND POLICE THE USER CONTENT. PARKSTASH SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, VIRUSES CONTAINED IN ANY USER CONTENT, THE PARKSTASH SITE, PARKSTASH APPLICATION OR ANY PARKSTASH COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PARKSTASH.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
34. Links to/from Third-Party Websites. The Services may contain hypertext links to/from websites operated by parties other than ParkStash. Such hypertext links are provided for User’s reference only, and ParkStash does not control such websites and is not responsible for their content. Neither these third party sites, nor any of the contents thereof or promotions, materials, information, or goods or services available thereon, are in any way investigated, monitored, or checked for accuracy, appropriateness or completeness by ParkStash. ParkStash’s inclusion of any hypertext links to/from such websites does not imply any endorsement of the material on such websites or any association with their operators. ParkStash assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites. If you decide to leave the ParkStash Site or Application, as applicable, and access any such third party sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the ParkStash Site (or ParkStash Application) or relating to any applications you use or install from any such site.
35. Release. Hosts are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by you or any third party as a result of your interaction with or visit to any Host. YOU HEREBY RELEASE THE PARKSTASH PARTIES FROM ANY AND ALL SUCH CLAIMS. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE ANY CIVIL CODE WHICH STATES DIRECTLY OR INDIRECTLY: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under this section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the ParkStash Parties pertaining to the subject matter of this Section 36.
36. Severability. If any part of this Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect
37. Assignment. This Terms & Conditions, and the rights granted and obligations undertaken hereunder, may not be transferred, assigned or delegated in any manner by a User, but may be freely transferred, assigned, or delegated by ParkStash.
38. Waiver. Any waiver of any provision of this Terms & Conditions, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
39. Arbitration and Venue. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause) between you and the ParkStash Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration in Delaware.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator, certified by the American Arbitration Association (“AAA”), with substantial experience in resolving commercial contract disputes. As modified by this Terms & Conditions, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You and ParkStash must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR PARKSTASH MUST BE BROUGHT IN THE {'PARTY\'S'} INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitrator shall honor claims of privilege and privacy recognized at law; (d) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or ParkStash may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Delaware. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Delaware in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Delaware for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ParkStash shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Delaware.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
44. Choice of Law. The Services are operated by a U.S. entity, and this Terms & Conditions is made under and shall be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
45. General Terms. You agree that no joint venture, partnership, or employment relationship exists between you and any of the ParkStash Parties as a result of agreeing to this Terms & Conditions or use of the Services. Further, no joint venture, partnership, or employment relationship exists between any of the ParkStash Parties and any Host. Our performance of this Terms & Conditions is subject to existing laws and legal process, and nothing contained in this Terms & Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned within the Services are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are expressly reserved.
46. Payment services - Payment processing services for Hosts and Drivers on ParkStash are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms and condiitons or continuing to operate as a account holder on ParkStash, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ParkStash enabling payment processing services through Stripe, you agree to provide ParkStash accurate and complete information about you and your business, and you authorize ParkStash to share it and transaction information related to your use of the payment processing services provided by Stripe.
47. Overstay Policy - Unless the Host has agreed to a later departure time or a further License Period (and the Host agrees with the Driver that such agreement must be through ParkStash) the Driver will be liable to pay the full price for any additional time stayed. The driver will be liable to pay:
The hourly rate for every additional hour. (If no hourly rate was mentioned or you booked for an event, it will be $5/hr). Any minutes under 1 hour will be charged as 1 hour.
A $15 penalty charge to ParkStash for administration and processing.
The Host shall authorize ParkStash to collect payment of any such additional fees from the Driver on behalf of the Host.
The Host agrees to contact the driver first about overstay and if driver does not respond, inform ParkStash about it.
If the driver cannot be contacted after 30 minutes from his booking end time, the host has the authority to get drivers vehicle towed away and the driver will be responsible to pay any expenses incurred by the host for getting the vehicle towed away. The driver will be responsible to pay any other expenses to get his/her vehicle back from towing company.
ParkStash has full discretion about whether any fees or fines will be applied for overstays and ParkStash's decision will be final.
48. Partnership with Universities and Organizations: ParkStash may partner up with Universities/organizations to show status of garages on the app to help community see and understand occupancy/capacity of a garage at any point of time. The status is displayed just for information purpose and may be inaccurate at times. Neither ParkStash nor the University/organization would be liable in case the information displayed is not 100% accurate. Any spaces listed by hosts on the app or website are not in anyway associated with any University/organization we partner up with. Moreover, while ParkStash’s goal is to provide and maintain the highest quality parking information, ParkStash does not guarantee that users won’t be subject to a parking ticket or violation by parking in a given location. It is the user’s responsibility to check the accuracy of the parking information communicated by ParkStash by analyzing the current situation (whether by going physically to parking garage, temporary signage or other). ParkStash will have no liability for any parking tickets or violations received by users.
49. User Conduct: You are solely responsible for all text, information, data, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “provide”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by ParkStash. ParkStash reserves the right to investigate and take appropriate legal action against anyone who, in ParkStash’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) Provide any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of ParkStash, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ParkStash or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
50. Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide ParkStash information regarding your credit card or other payment instrument. You represent and warrant to ParkStash that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay ParkStash the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize ParkStash to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let ParkStash know within sixty (60) days after the date that ParkStash invoices you. We reserve the right to change ParkStash’s prices. If ParkStash does change prices, ParkStash will provide notice of the change via the Services or in email to you, at ParkStash’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on ParkStash’s net income.
51. Cancellation policy
We have one cancellation policy at ParkStash. If a driver cancels, the amount we can refund depends on two things: the length of the booking, and when the driver makes the cancellation request.
If the space owner cancels, the driver will always receive a full refund.
Hourly/Daily/Events booking
Within 2 hours before your booking start hour: 50% refund
More than 2 hours before your booking start hour: 100% refund
After booking starts: No refundWeekly/Monthly Bookings
Anytime before booking start day: Full refund
After booking start day: No Refund
All refund amounts are added into your ParkStash Wallet as credits which can be used for future bookings.
The rules
Complaints must be raised with ParkStash within 24 hours after the booking starts. A booking is officially cancelled once we approve the cancellation. ParkStash will mediate when necessary and has the final say in all disputes.
What constitutes a ParkStash day?
Our 'days' are calculated by a calendar day that resets at 12 am. If your booking extends beyond 12 am, you will be charged for two days, even if the booking spans less than 24 hours.
52. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE PARKSTASH SITE OR APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
53. Entire Agreement. Notwithstanding any agreements or terms expressly incorporated by reference in this Terms & Conditions, this Terms & Conditions constitutes the entire agreement between the parties. This Terms & Conditions (as it may from time to time be amended, restated, or otherwise modified) supersedes any prior agreements, understandings, or negotiations, whether written or oral.