PARKMOBILE USA, INC. TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE YOU, THE INDIVIDUAL USER OF THIS SITE HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, WITHOUT LIMITATION OR QUALIFIATION, AND FURTHER ACKNOWLEDGE THAT YOU HAVE THE AUTHORITY AND DO HEREBY LEGALLY BIND THE BUSINESS ENTITY, IF ANY, TO WHICH YOU SERVE AS AGENT, INDEPENDENT CONTRACTOR OR EMPLOYEE THEREOF TO THE SAME TERMS, WITHOUT LIMITATION OR QUALIFICATION. THESE TERMS SHALL TAKE EFFECT IMMEDIATELY ON YOUR FIRST USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS SITE. We reserve the right to modify these Terms and Conditions and any of the Services we provide, at any time. You should check these Terms and Conditions periodically for changes. By using the Site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this website. These Terms do not apply to any website owned and/or operated by or on behalf of any third party even if we provide a link to such website on one of our Sites. Please refer to the terms of use of any such third-party websites for information regarding the terms and conditions of your use of such websites. We will not be liable for any reason if any part of the Site is unavailable at any time or for any period.

1. GENERAL

The terms "we," "us," and "our" refer to Parkmobile USA, Inc. and its subsidiaries and affiliates (collectively, "Parkmobile"). The term "Services" refers to our parking payment system for on-street and off-street parking areas and the related products and Services (collectively, the "Services") provided pursuant to these terms and conditions ("Terms and Conditions"). The terms "you" and "yours" refer to the individual or company registering for or using the Services offered by us on this website.

2. SCOPE OF TERMS AND CONDITIONS

2.1 These Terms and Conditions apply to your use of all of the sites and Services owned or operated by Parkmobile USA, Inc. ("Parkmobile") ("we" and "us"), for the benefit of users in the United States of America ("USA") and any other site that we may own or operate in the future (collectively, the "Site"). Unless we say otherwise, all references to the Site in these Terms and Conditions include all such sites. Please note that this Site is intended for use in the USA only and these Terms and Conditions apply only to use in the USA. Parkmobile agrees to provide the Services that you register for through this Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow Parkmobile to deliver the Services.

2.2 The contents of this Site are protected by national and international copyright and trademark laws and are the property of Parkmobile. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Site.

All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively "Marks"), whether explicitly marked or not, used on this site are owned by Parkmobile, its subsidiaries, affiliated companies or joint partners, or user under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or other use any information, content or Marks provided on the Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Parkmobile. You may, however, copy, print or otherwise use the information, content or Marks provided on the Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, contents or Marks except as specifically permitted in these Terms or in a written instrument signed by Parkmobile is strictly prohibited. You may not change or delete any author credit, trademark, Mark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.

Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Parkmobile or any third party.

You are not permitted to create a hyperlink to any page or portion of this Site or frame any page of portion of this Site without the prior written permission of Parkmobile.

2.3 Parkmobile hereby grants you a non-exclusive, non-transferable, limited right to access and use the Site and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.

2.4 These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.

If applicable, you agree to honor and abide by the terms and conditions of any parking facilities or transportation vehicles that you may access as a result of any purchases made through any of our Sites.

3. YOUR USE OF THE PARKMOBILE SERVICES

3.1 You are responsible for providing Parkmobile with the correct information about you when you register for the Parkmobile Service. Required details may include, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the Parkmobile website, or via the mobile applications. Additionally, changes may be made by calling Parkmobile's Helpdesk during regular business hours at 877-727-5457. You are responsible for keeping your password and login information for our website secret so that only you can access your account's personal pages on our website. You agree to notify us immediately of any unauthorized access to or use of your password or login information or any other breach of security. Until you notify us of an unauthorized use of your Personal Pages, we will continue to bill you for the Services.

3.2 You activate the Services by either: (a) using your mobile phone to call us or (b) using the Parkmobile app on your smart phone device or (c) using the Parkmobile website (www.parkmobile.com) when you park your vehicle in a designated parking space. You are responsible for all fees associated with the use of your mobile phone (e.g., per-minute phone charges).

3.3 You are responsible for correctly entering the relevant parking zone number, which is indicated on the parking meters or signs nearest to the relevant parking space, as well as the license plate number of the vehicle you are parking. Additionally, where applicable, you are responsible for correctly entering your parking space number. The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. Note that use of the Services does not guarantee you a parking space. You only activate the Services after you have found an available space. To correctly activate the Services when you have parked, you must input the necessary details required to activate your parking session.

3.4 All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from Parkmobile. The parking garage or parking lot owner's parking regulations apply to you and your use of the Services does not exempt you from following their rules. Parking rates can be changed by the parking garage or parking lot owner at any time. Increases or modifications to parking fees are beyond Parkmobile's control. We pass the fees through to you and we are not responsible for any fee increases.

3.5 You are responsible for ensuring that you have properly activated the Services for the relevant parking zone before you leave your vehicle unattended. You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or internet that the vehicle is validly parked. In parking locations that allow for early deactivation of your parking session, it is your responsibility to deactivate your parking session (i.e., before you leave the parking facility).

3.6 Parkmobile is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize Parkmobile to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, Parkmobile may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then Parkmobile, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall Parkmobile provide any of your credit card data to the relevant authorities in connection with such collection matters.

3.7 Parkmobile is not responsible for loss or damage (including theft) of your property or the property of others, or bodily injury to yourself or others while you are using the Site or Services.

3.8 Parkmobile has the right to:

(a) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

(b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or

3.9 We attempt to be as accurate as possible when describing our Services, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel the Services.

4. PERMITS AND PAYMENTS *

Because the Site sells parking and/or transportation permits for certain events (e.g., sporting events) and for other general purposes (e.g., daily/monthly parking or transportation), certain terms may not apply to you.

4.1 Permit Purchase Policy

We provide consumers with opportunities to purchase parking or transportation permits ("Permits") from our clients ("Clients"), such as venues, teams, theaters, event organizers and parking facility owners. A Permit serves as the official confirmation of your purchase of a particular item offered for sale by our Clients, which may be, for example, event parking, daily parking, monthly parking, transportation or a parking validation.

Our Clients, not Parkmobile, set the Permit prices, maintain the parking space inventory or vehicle capacities, as applicable. Policies set forth by our Clients prohibit us from issuing exchanges or refunds after a purchase has been made or to replace lost, stolen, damaged or destroyed Permits. When you receive your Permit, please keep it in a safe place. Please note that direct sunlight or heat can sometimes damage Permits.

The Permit will be in the form of a physical permit mailed to you, an electronic print-at-home permitted emailed to you or a digital image that can be displayed from your smart phone, as applicable. Clients will reject any entry attempt made with any document other than the actual Permit. Any confirmation page or email will not be accepted and you will be subject to any charges for use of such services established by the Client. No refunds will be issued for unused Permits.

Permits purchased less than seven days prior to an event may also be available for pick up at the event venue and/or the on-site office prior to the day of the event. Unless otherwise specified for a particular event on a Site, Permits will not be available for purchase or pick-up on the day of an event. Valid ID and credit card used for purchase must be presented upon pick-up.

Our goal is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to live events as quickly as possible. This purchase policy is designed to ensure your satisfaction and understanding of the purchase process on the Sites. If you have any questions about the information contained herein, please contact us.

4.2 Payment Methods

We accept several methods of payment to accommodate your needs, including Visa, MasterCard and American Express.

4.3 Payment Processing Fees and Service Fees

Permits purchased on the Site may be subject to service fee(s) and a non-refundable per order payment processing fee.

4.4 Aggregate Payments

Parkmobile may choose to aggregate transactions under the rules set forth by Visa and MasterCard for small transactions. Aggregation means your transactions may be grouped and submitted together rather than processed individually.
Aggregation may be over a period of 72 hours with a maximum value of $15 USD. A pre-authorization of up to $15 USD may be placed on your debit card which may reduce the funds you have available for your use. Any additional funds not used to complete your transaction will be released after 72 hours. Details of all your transactions are available from your Personal Pages at www.parkmobile.com and on your mobile app under payment history.

4.5 International Use

Parkmobile makes no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

4.6 Cancelled Events

Occasionally, events are cancelled or postponed by our Clients due to weather conditions or situations affecting the staff or audience. When this occurs, Parkmobile makes every effort to ensure you receive a prompt refund of the Permit price and associated service fee (this per order payment processing fee is not refundable) if applicable. If an event is cancelled, please contact us for information on receiving a refund. If the event was moved or rescheduled, the Client may set refund limitations. Contact us for exact instructions. Please make sure to provide your Parkmobile order ID number so we can expedite your refund if applicable.

4.7 Refunds and Exchanges

Before purchasing Permits, carefully review your event details, such as date and time. Policies set forth by our Clients prohibit Parkmobile from issuing exchanges or refunds after a Permit has been purchased or for lost, stolen damaged or destroyed Permits. If, however, you are turned away from a parking facility or transportation vehicle, as applicable, while in possession of a valid Permit for any reason, but for your error or your failure to follow and abide by the applicable rules and regulations, please contact us. We will make every effort to refund to you the Permit price less the non-refundable payment processing fees.

4.8 Delivery of Permits

Orders are processed only after a billing address has been verified. Occasionally, we receive incorrect billing or credit card account information for a Permit order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of attempted purchase. If we are unable to reach you, Parkmobile may cancel your order and may sell your Permit(s) to another customers.

4.9 Standard Mail or Federal Express Delivery

Please allow enough time for the delivery of your Permit order. If you have selected delivery by United States Postal Service standard mail, please allow 7-10 business days after your order is placed to receive your Permit. Permits sent via USPS can be sent only to the verified billing address within the U.S. or Canada. FedEx packages are sent only to the verified billing address in the U.S. and cannot be sent to Canada or to any other country. If you selected FedEx, please allow at least three (3) business days for delivery. These are approximate times, and Parkmobile is not responsible for deliveries that take longer. If you have not received your Permit(s) within 48 hours of the event, please contact us.

4.10 Amount of Permits Per Customers

When purchasing Permits on the Site, you are limited to a specified number of permits for each event. This amount is included on the unique event page and is verified with every transaction. This policy is in effect to discourage unfair Permit buying practices. All orders are tracked by name, address and credit card number. Customer orders for more than the stated limit will be void and charges will be non-refundable.

4.11 User Contributions to the Site

There may be opportunities for you to contribute to the Site. These may include among others, uploading your user profile, participating in chats, using our bulletin boards, etc. which collectively, we call "Content". Parkmobile is not liable or responsible for any Content provided by its users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Parkmobile. Parkmobile cannot preview User Content before it appears. You can be held liable for any illegal or prohibited User Content you provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at reservations@parkmobileglobal.com. We will investigate your claim and may then take the actions deemed appropriate. Parkmobile reserves the right to:

(a) remove or refuse to post any User Content for any or no reason in our sole discretion; or

(b) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Parkmobile.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PARKMOBILE [AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS] FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PARKMOBILE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PARKMOBILE OR LAW ENFORCEMENT AUTHORITIES.

We cannot undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

5. COMPLIANCE AND OWNERSHIP OF PARKMOBILE WEBSITE

5.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not, and shall not permit others to, use the Site or Services, or engage in activities prohibited by us, including, without limitation:

(a) intentionally accessing data not intended for your use;

(b) attempting to breach security or authentication measures without proper authorization, or interfere with this Site and any products or Services offered on the Site;

(d) violating any applicable federal, state, local, or administrative law or regulation;

(e) transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

(f) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;

(g) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(h) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;

(i) use any device, software, or routine that interferes with the proper working of the Site;

(j) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

(k) attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

(l) otherwise attempt to interfere with the proper working of the Site; or

(m) assisting or permitting any persons in engaging in any of the activities described above.

5.2 We own and shall retain all rights and interest in the intellectual property rights in the Site content, Services, and our proprietary information, which includes without limitation, all software, source and object code, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, arising from these Terms and Conditions, including all copies and portions thereto, whether made by or under the direction of us or you.

6. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS

6.1 As part of the Services, Parkmobile may send reminders, alerts (further referred to as 'notifications'), or critical service-related notifications via SMS text message, ("Mobile application") push or email to its users, and you acknowledge and consent to the receipt of such messages. Parkmobile may use one or more of the following carriers for SMS message delivery: Cellular One Dobson, Centennial Cellular Corp, Sprint, Verizon Wireless, RCC - Unicel, Virgin Mobile USA, Boost, T-Mobile, Cincinnati Bell, AT&T, ALLTEL, and U.S. Cellular.

6.2 You may set up SMS text message, push or email notifications via your Personal Pages By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to Parkmobile or that you have the account holder's express permission to use the specified phone to receive text messages about your account from Parkmobile.

6.3 With each parking session, you may receive standard SMS messages, push or emails relating to your parking session or Parkmobile service communications. Message and data rates may apply.

6.4 You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a parking transaction. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. Parkmobile shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.

6.5 You may opt out of receiving SMS text messages, push or email notifications at any time. Opting out of SMS, email or push notifications can be completed within the Parkmobile website. (In the case of Push notifications the user must choose to stop receiving within their mobile phone). To stop the messages from coming to your phone, you may opt out of receiving SMS by texting the word "STOP" to 69646. You will then receive a one-time opt-out confirmation text message, and after that, you will receive no future SMS messages. Alternatively, you may also visit parkmobile.zendesk.com, or text us at any time from your mobile phone by texting the word "HELP" to 69646, or contact us at 1-877-727-5457 for questions or assistance in receiving or opting out of receiving SMS text messages or email notifications.

7. FEES

7.1 You agree to pay all fees for Services provided to you pursuant to these Terms and Conditions.

7.2 Parkmobile shall process the parking fee and other Services by charging your credit card, debit card, or PayPal account at the time of your parking transaction. You must have a valid credit, or debit card, or PayPal account, or suspension of services may occur. If your credit card or debit card is declined your Parkmobile account may be blocked or terminated. Additionally, Parkmobile reserves the right to transfer the claims for unpaid parking fees to third parties.

7.3 A history of your parking transactions, indicating the parking locations, times and costs is accessible by you from your Personal Pages on this website. If you require a printed invoice, you must print it from your Personal Pages on this website. Alternatively, if you wish to receive an invoice by mail, you may request one from us, and we will provide you with one, subject to a processing fee.

7.4 If in good faith you dispute any amount billed to you, you must provide us written notice of the dispute, and the applicable parking authority, if any, within thirty (30) days of receipt of such invoice. You agree to pay any undisputed portion of such invoice when due. Your failure to comply with this procedure shall constitute your approval of such amounts billed to you. You will reimburse us for all costs of collection, including reasonable attorneys' fees. You will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.

8. MEMBERSHIP

There are three Parkmobile Membership levels. Basic Membership does not carry a monthly membership fee. Preferred Membership incurs a $0.99 monthly membership fee per vehicle on the account. Company Membership incurs a $8.99 monthly membership fee per vehicle on the account. Parkmobile, LLC will automatically renew your Membership on the 1st day of each month and will charge any associated membership fees at that time. By signing up for the Service and choosing a Membership level, you authorize Parkmobile, LLC to charge your payment method on file for any applicable Membership fee. Each Membership renewal period is for one month.

You may change your Membership from a Preferred to a Basic membership or from a Basic Membership to a Preferred Membership at any time by accessing your account at www.parkmobile.com. Company Memberships cannot be changed to any other Membership. You may cancel your account, and thereby Membership at any time, by sending your request to helpdesk@parkmobileglobal.com. Membership changes, change requests and/or account cancellation requests received after the first day of the month shall take effect immediately upon processing of your request, but the membership fee assessed for the current month will not be refunded or prorated. Parkmobile, LLC requires a reasonable amount of time to process your Membership change or cancellation request. Failure to use the account does not make you eligible for a refund of past or current Membership fees. No refunds will be given for a failure to utilize the account during the Membership term.

9. TERMINATION AND REMEDIES

9.1 Without limiting other rights or remedies set forth in these Terms and Conditions or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this website and the Services, in whole or in part: (a) if you breach these Terms and Conditions; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.

9.2 * For the avoidance of doubt, we may cancel your Permit order or exercise any other remedy available and remove unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of Parkmobile, another User, or the law. You agree that monetary damages may not provide a sufficient remedy to Parkmobile for violations of these Terms, and you consent to injunctive or other equitable relief for such violations. Parkmobile may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Parkmobile is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.

Parkmobile is not responsible for the products, services, actions or failure to act of any venue, performer, promotor or other third party in connection with or reference don the Site. Without limiting the foregoing, you may report the misconduct of user and/or third party advertisers, service and/or product providers referenced on or included in the Site to Parkmobile at reservations@parkmobileglobal.com. We may investigate the claim and take appropriate action, in its sole discretion.

10. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

10.1 THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. YOU USE THIS SITE AND THE PRODUCTS AND SERVICES OFFERED ON THIE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS AND PERMITS FOR THIRD PARTY VENUES AND FACILITIES, ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

IN NO EVENT WILL PARKMOBILE, ITS SUBSIDIARIES, DIVISIONS, AFFILIATED COMPANIES, JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE OR COMPUTER EQUIPMENT, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS SITE OR THE INFORMATION, CONTENT DOCUMENTS OR SOFTWARE THEREOF, EVEN IF PARKMOBILE, ITS SUBSIDIARIES, DIVISIONS, AFFILIATED COMPANIES, JOINT PARTNERS, OFFERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST PARKMOBILE IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES.

10.2 For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes such as to conduct sales of Permits, event tickets, merchandise, or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purposes of selling Permits of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a Permit order for any user known or reasonably believed to be associated with any permit broker or scalper, or utilizing automated means to process or place Permit orders, or whose Permit order exceeds the stated limit.

10.3 Parkmobile is not responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by Parkmobile.

11. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or Services on this website; and (vi) your use of this website or the products or Services of Parkmobile or any third party.

12. GOVERNING LAW; JURISDICTION AND VENUE

12.1 These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Georgia without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the state and federal courts in Atlanta, Georgia, U.S.A., and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within the State of Georgia.

12.2 We intend for the Site to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. This Site and Services should not be used by minors. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not qualify, you are not permitted to use this Site or order or use the Services, and you do not have our consent to do so.

12.3 Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this website or to have otherwise violated these Terms and Conditions.

12.4 The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links are not controlled by Parkmobile and do not constitute an endorsement by Parkmobile or its affiliates. Parkmobile and its affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or Services accessible from such third-party sites. Once you leave the Parkmobile Site and go to another site, be aware that those sites may have terms and conditions that differ from the provisions provided herein. Parkmobile recommends that you review the privacy policy and terms and conditions of those sites prior to use. Parkmobile is not responsible for, and expressly disclaims any and all liability related to actions of such linked sites, their terms and conditions or the content of such sites.

12. MISCELLANEOUS

13.1 Privacy. Our current Privacy Policy is available on this website and is incorporated in these Terms and Conditions by reference. We may change our Privacy Policy from time to time, as stated therein. Please see our Privacy Policy by clicking here.

13.2 Limitation on Time to File a Claim. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13.3 Arbitration. At Parkmobile's sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the State of Georgia.

13.4 Miscellaneous. You warrant to Parkmobile that you will not attempt to gain unauthorized access to any Site or services offered by Parkmobile or computer systems or networks connected to any Parkmobile server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Parkmobile. When using the Site you agree not to pretend to be someone else or spoof their identity.

By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity or use it in any way that would violate any of these Terms.

If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Any feedback, comments, or inquiries concerning these Terms and Conditions should be directed to info@parkmobileglobal.com.

14. PARKMOBILE WALLET TERMS & CONDITIONS

14.1 By activating a Parkmobile Wallet account on the site you agree to be bound by all terms and conditions of this Section 12.

14.2 For purposes hereof "transaction" is defined as an action which requires payment, and "replenishment" is any time Parkmobile adds value to your wallet account.

14.3 Each time you use your Wallet to pay (a transaction) the applicable charges will be deducted from your account.

14.4 Your Wallet funds are deposited in an Escrow account at Citibank linked to your Parkmobile account. The Parkmobile Wallet is FDIC insured.

14.5 You will not receive interest or other earnings on the funds in your Wallet account.

14.6 Parkmobile does not allow split payments (paying a transaction with both the Parkmobile Wallet and a credit card or PayPal). Only one means of payment is accepted per transaction.

14.7 Method of Payment: Account replenishment will occur when the transaction fees deducted from your prepaid balance reaches the threshold value set by Parkmobile.

14.7.1 Your credit card or PayPal account will automatically be charged according to the replenishment amount selected in your account settings on the site.

14.8 If your account balance falls below $0.00 and Parkmobile is unable to replenish your account, the account will be disabled.

14.8.1 The account can be enabled when a valid credit card or PayPal account is provided to replenish the account. You shall remain fully liable to us for the amount of any outstanding transaction costs.

14.9 Users with an active Wallet account will use the Wallet payment method where applicable.

14.10 In the event that your Wallet account is closed for any reason, the unused balance will be returned (refunded) to your primary credit card associated to the account, or your PayPal account associated to the Parkmobile account, or check only if neither of the first two refund methods are possible.

14.10.1 Accounts with a negative balance will not be refunded.

14.10.2 A check refund may take up to twenty (20) business days to be processed and delivered to you.

14.11 You agree that you are responsible for supplying Parkmobile with a valid credit card, debit card or PayPal account to cover the costs associated with using the Wallet account.

14.12 You are responsible for all authorized transactions initiated using the Wallet account. If you permit another person or persons to use the same Parkmobile account (Individual or Corporate), we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons using the wallet account.

14.13 If you become aware of a discrepancy in your account balance and would like to dispute the value of the account, Parkmobile must be notified in writing within sixty (60) days from the last transaction against the Wallet account (parking transaction or account replenishment).

14.13.1 Discrepancy details must be sent via email to the following email address helpdesk@parkmobileglobal.com.

14.13.2 Please include your name, mobile phone number, discrepancy details and any other pertinent details in any correspondence to us regarding a discrepancy.

*Applies to permits only