ParqEx – Terms and Conditions
Table of Contents
- Key Terms
- ACCESS TO THIS SITE.
- Terms of Service.
- Modification.
- Eligibility.
- How the Site, Application & Services Work.
- Account Registration.
- Parking Spot Management and Listings.
- No Endorsement: Important Warranty Disclaimers.
- Bookings & Financial Terms.
- Taxes.
- Signage/Materials.
- Damage to Property.
- Fines and Towing.
- Overstaying without the Owner’s Consent
- User Conduct
- Privacy.
- Intellectual Property Ownership & Rights Notices.
- Application License.
- ParqEx Content & Member Content License.
- Member Content
- Links.
- Security and Security Violations.
- Feedback.
- Copyright Policy.
- Term & Termination, Suspension & Other Measures.
- Disclaimers.
- Limitation of Liability.
- Indemnification.
- Accessing & Downloading the Application from iTunes.
- Entire Agreement
- Assignment & Intended Third Party Beneficiaries.
- Notices.
- Controlling Law & Jurisdiction.
- Dispute Resolution.
- General
- Third party beneficiary.
- Contact and Feedback.
TERMS & CONDITIONS
PLEASE NOTE: SECTION 31 OF THESE TERMS & CONDITIONS CONTAINS AN ARBITRATION CLAUSE & CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH PARQEX ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES & OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS & EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION & VENUE OF DISPUTES & OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS & REGULATIONS. THIS IS A BINDING AGREEMENT BETWEEN PARQEX, INC. (REFERRED TO AS “PARQEX,” WE,” “US” OR “OUR”) & ANY PERSON WHO HAS INDICATED THEIR ASSENT HERETO BY CLICKING “I AGREE” OR SIMILARLY EXPRESSING ACCEPTANCE. ANY PERSONS WHO ACCESS OR ESTABLISH A CONNECTION TO THE SERVICES WILL ALSO BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS AGREEMENT.
IN PARTICULAR, OWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES MAY HAVE LAWS THAT RESTRICT THEIR ABILITY TO RENT A PARKING SPOT FOR SPECIFIED PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, OWNERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PARKING SPOT OR ACCEPTING A RENTERS’ REQUEST TO PAY TO USE ONE. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. OWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A PARKING SPOT ON PARQEX. EXCEPT AS OTHERWISE PROVIDED HEREIN, OWNER SHALL NOT BE LIABLE TO RENTER, ITS INVITEES OR GUESTS, OR TRESPASSERS, FOR ANY DAMAGE, INJURY, LOSS, COMPENSATION OR CLAIM RELATING TO THE PARKING SPOT, INCLUDING WITHOUT LIMITATION CLAIMS FOR THE INTERRUPTION OF OR LOSS OF BUSINESS, BASED ON, ARISING OUT OF, OR RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH PARTY ESTABLISHES THAT THERE HAS BEEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF OWNER (AND THEN ONLY TO THE EXTENT THAT SUCH PARTY IS NOT COMPENSATED THEREFOR BY INSURANCE THAT SUCH PARTY CARRIES OR IS REQUIRED TO CARRY PURSUANT TO THE TERMS HEREOF).
Last Updated: Jan 29, 2020
1. Key Terms
ParqEx provides an online technology platform for real-estate owners and managers to manage their parking assets in a more efficient manner (collectively, the “Services”), which Services are accessible at www.parqex.com & any other websites through which ParqEx makes the Services available (collectively, the “Site”) & as applications for mobile, tablet & other smart devices & application program interfaces (collectively, the “Application”).
“Product and Services” include:
- Access+
- Is an “Internet of Things” (IoT) solution that eliminates the need for physical items like clickers and fobs
- Saves cost and management effort by allowing users to control secure doors and gates through the ParqEx app
- GuestParq
- A bespoke guest parking platform that is an amenity for apartments and condominiums – either to increase income, convenience, or both
- Increases resident satisfaction while also reducing management effort
- An ideal solution for assets zoned for accessory parking use
- Enforcer
- Admin tools to quickly check for authorized vehicles
- Frees up time for management staff or enforcement agencies
- Marketplace
- Uses proprietary Predictive Analytics & AI algorithms to maximize value earned
- Helps real estate private, self-managed parking owners increase revenue
- Internal Tenant Management
- Provides parking solutions to owners & managers for managing internal tenant rent collection, access control and a digital payment option
- License Plate Reader (LPR)
- Provides automated access control and enforcement using automated license plate recognition hardware and software. Click here for LPR specific terms, conditions, and privacy.
- Access+
“Booking” means a limited license granted by the Owner to the Renter to enter & use the Listing for the limited duration of the confirmed booking, during which time the Owner (only where & to the extent permitted by applicable law) retains the right to re-enter the Parking Spot, in accordance with the Renter’s agreement with the Owner. Please note, as used on the Site, Applications & Services, “Book” has the same meaning as “Booking;” both terms mean a limited license to enter & use the Parking Spot for the duration of the confirmed booking as defined above.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Renter (as determined by ParqEx in its sole discretion), within which an Owner may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content & ParqEx Content.
“Communication” means an email, message via the Application or text message.
“Content” means text, graphics, images, music, documents, software (excluding the Application), audio, video, information or other materials.
“Renter” means a Member who requests from an Owner a Booking of a Listing via the Site, Application or Services, or a Member who utilizes a Parking Spot & is not the Owner of the associated Listing.
“Owner” means a Member who creates a Listing via the Site, Application & Services.
“Listing” means a Parking Spot that is listed by an Owner as available for Booking via the Site, Application & Services.
“Member” means a person who completes ParqEx’s account registration process, including but not limited to Owners & Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or ParqEx promotional campaign to be made available through the Site, Application or Services.
“ParqEx Content” means all Content that ParqEx makes available through the Site, Application, Services, or its related promotional campaigns & official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Parking Spot” means a designated area within a community for parking motorized vehicles such as a car, passenger van or motorcycle.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods & services taxes (GST), or fees (such as convention center fees) that Parking Spot providers may be required by law to collect & remit to governmental agencies & other similar municipal, state, federal & national indirect or other withholding & personal or corporate income taxes.
“Restricted Vehicles” or “Prohibited Vehicles” includes salvage or vehicles in an inoperable state, also includes commercial vehicles and/or fleet vehicles and trailers, and or vehicles which are prohibited from parking within certain zoning jurisdictions
ACCESS TO THIS SITE
To access any part of this website, www.parqex.com (the “Website”), app.parqex.com and the ParqEx mobile application (the “Application”) or other software, resources or services made available by ParqEx (all of the foregoing, the “Services”), you are asked to provide registration information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. ParqEx may terminate or suspend your access to the Services, if ParqEx believes the information you provide is inaccurate.
You agree that ParqEx may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You agree that all terminations for cause will be made in ParqEx’s discretion and that ParqEx will not be liable to you or any third-party for any termination of your account.
2. Terms of Service
By using the Site, Application or Services, you agree to comply with & be legally bound by the terms & conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to & use of the Site, Application & Services & all Collective Content (defined below) & constitute a binding legal agreement between you & ParqEx.
In addition, certain areas of the Site & Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms & conditions, standards, guidelines, or policies posted or may require you to agree with & accept additional terms & conditions. If there is a conflict between these Terms & terms & conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms & conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil & criminal penalties.
Marketplace specific terms:
THE SITE, APPLICATION & SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR PARKING SPOTS & RENTERS MAY LEARN ABOUT & BOOK PARKING SPOTS DIRECTLY WITH THE OWNERS. YOU UNDERSTAND & AGREE THAT PARQEX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS & RENTERS, NOR IS PARQEX A BROKER, AGENT OR INSURER. PARQEX HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS & OTHER USERS OF THE SITE, APPLICATION & SERVICES OR ANY PARKING SPOTS & DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON PARQEX, YOU UNDERSTAND & AGREE THAT YOUR RELATIONSHIP WITH PARQEX IS LIMITED TO BEING A MEMBER & AN INDEPENDENT, THIRD-PARTY CONTRACTOR & NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF PARQEX FOR ANY REASON & YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF & FOR YOUR OWN BENEFIT & NOT ON BEHALF OF OR FOR THE BENEFIT OF PARQEX. PARQEX DOES NOT CONTROL & HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF PARQEX, INCLUDING BY INAPPROPRIATELY USING ANY PARQEX INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE & AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ & THAT YOU UNDERSTAND & AGREE TO BE BOUND BY THESE TERMS & RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE & APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent & warrant that you have the authority to bind that company or other legal entity to these Terms &, in such event, “you” & “your” will refer & apply to that company or other legal entity.
3. Modification
ParqEx reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time & without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application &/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application & Services. If you do not close your ParqEx Account (defined below) you will be deemed to have accepted the changes.
4. Eligibility
The Site, Application & Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent & warrant that you are 18 or older.
5. How the Site, Application & Services Work
The Site, Application & Services can be used to manage assets suitable for parking vehicles. The ParqEx Smart Parking Platform is comprised of modular solutions that can be implemented on their own or packaged together depending on the needs of a given customer or property:
- Access+
- Is an “Internet of Things” (IoT) solution that eliminates the need for physical items like clickers and fobs
- Saves cost and management effort by allowing users to control secure doors and gates through the ParqEx app
- GuestParq
- A bespoke guest parking platform that is an amenity for apartments and condominiums – either to increase income, convenience, or both
- Increases resident satisfaction while also reducing management effort
- An ideal solution for assets zoned for accessory parking use
- Enforcer
- Admin tools to quickly check for authorized vehicles
- Frees up time for management staff or enforcement agencies
- Marketplace
- Uses proprietary Predictive Analytics & AI algorithms to maximize value earned
- Helps real estate private, self-managed parking owners increase revenue
- Internal Tenant Management
- Provides parking solutions to owners & managers for managing internal tenant rent collection, access control and a digital payment option
The “Marketplace” Site, Application & Services can be used to facilitate the listing & Booking of Parking Spots. Such Parking Spots are included in Listings on the Site, Application & Services by Owners. You may view Listings as an unregistered visitor to the Site, Application & Services; however, if you wish to book a Parking Spot or create a Listing, you must first register to create a ParqEx Account.
As stated above, ParqEx makes available an online platform or marketplace with related technology for Renters & Owners to meet online & arrange for Bookings of Parking Spots directly with each other. ParqEx is not an owner or operator of properties, including, but not limited to, parking lots, parking garages, car ports, other parking facilities or Parking Spots, nor is it a provider of properties, including, but not limited to, parking lots, parking garages, car ports, other parking facilities or Parking Spots & ParqEx does not own, sell, resell, provide, lease &/or control properties, including, but not limited to, parking lots, parking garages, car ports, other parking facilities or Parking Spots or transportation or travel services. Unless explicitly specified otherwise in the ParqEx platform, ParqEx’s responsibilities are limited to (i) facilitating the availability of the Site, Application & Services & (ii) serving as the limited payment collection agent of Owners for the purpose of accepting payments from Renters.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION & SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS & RENTERS CONNECTING & BOOKING PARKING SPOTS DIRECTLY WITH EACH OTHER. PARQEX CANNOT & DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS & THE CONDITION, LEGALITY OR SUITABILITY OF ANY PARKING SPOTS. PARQEX IS NOT RESPONSIBLE FOR & DISCLAIMS ANY & ALL LIABILITY RELATED TO ANY & ALL LISTINGS & PARKING SPOTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
6. Account Registration
In order to access certain features of the Site & Application & to manage or monetize Parking Spot, you must register to create an account (“ParqEx Account”) & become a Member or execute an agreement with ParqEx. You may register to join the Services directly via the Site or Application or as described in this section.
Your ParqEx Account & your ParqEx Account profile page will be created for your use of the Site & Application based upon the personal information you provide to us. You may not have more than one (1) active ParqEx Account. You agree to provide accurate, current & complete information during the registration process & to update such information to keep it accurate, current & complete. ParqEx reserves the right to suspend or terminate your ParqEx Account & your access to the Site, Application & Services if you create more than one (1) ParqEx Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on ParqEx, you are not permitted to share your ParqEx Account with anyone or allow others to access or use your ParqEx Account. ParqEx may enable features, in our discretion, that allow other Members to take certain actions associated with your ParqEx Account, on your behalf with your express authorization, such as adding a family member to your account as an additional Owner. You agree that you will take sole responsibility for any activities or actions under your ParqEx Account, whether or not you have authorized such activities or actions. You will immediately notify ParqEx of any unauthorized use of your ParqEx Account.
7. Parking Spot Management and Listings
As a Member, you may create Listings to manage access for internal tenants and guests. To create a Listing, you will be asked a variety of questions about the Parking Spot to be listed, including, but not limited to, the location, size, accessibility, features & duration of availability of the Parking Spot & pricing & related rules & financial terms. In order to be featured in Listings via the Site, Application & Services, all Parking Spots must have valid physical addresses. Listings will be made publicly available via the Site, Application & Services. You understand & agree that ParqEx may accept Listings & provide services with respect to other Parking Spots that may compete with your Parking Spot for Renters & that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter & Owner preferences, ratings &/or ease of Booking.
Other Members will be able to book your Parking Spot via the Site, Application & Services based upon the information provided in your Listing, your Renter requirements & Renters’ search parameters & preferences. You understand & agree that once a Renter books your Parking Spot, you may not request the Renter to pay a higher price than in the listing.
You acknowledge & agree that you alone are responsible for any & all Listings & Member Content you post. Accordingly, you represent & warrant that any Listing you post & the Booking of, or a Renter’s use of a Parking Spot in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, facilities lease or other third party agreements & (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws & rules & regulations that may apply to any Parking Spot included in a Listing you post (including having all required permits, licenses & registrations) & (b) not conflict with the rights of third parties. Please note that ParqEx assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules & regulations. ParqEx reserves the right, at any time & without prior notice, to remove or disable access to any Listing for any reason, including Listings that ParqEx, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
If you are an Owner, you understand & agree that ParqEx does not act as an insurer or as your contracting agent. If a Renter requests a Booking of your Parking Spot & stays at your Parking Spot, any agreement you enter into with such Renter is between you & the Renter & ParqEx is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Parking Spot, such as requiring Members to have a valid driver’s license & automobile registration, proof of insurance or a verified phone number, in order to book your Parking Spot. Any Member wishing to book Parking Spots included in Listings with such requirements must meet these requirements.
8. No Endorsement: Important Warranty Disclaimers
ParqEx does not endorse any Member, Listing or Parking Spot. ParqEx makes no warranty regarding the quality or safety of Parking Spots or the accuracy, timeliness, truthfulness, completeness or reliability of any content displayed within the Services, including Listings.
You understand that photographs, if any, are intended only to indicate a photographic representation of the Parking Spot at the time the photograph was taken. Submissions are therefore not an endorsement by ParqEx of any Member, Listing or Parking Spot.
Members are required by these Terms to provide accurate information. Although ParqEx may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth & other information, or undertake additional checks & processes designed to help verify or check the identities or backgrounds of Members &/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process & does not represent anything else. Any such description is not an endorsement, certification or guarantee by ParqEx about any Member, including of the Member’s identity & whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity & suitability of others whom you contact or interact with via the Site, Application & Services. We therefore recommend that you always exercise due diligence & care when deciding whether to have any interaction with any Member & to conduct yourself with a level of caution appropriate for dealings with persons not personally known to you. ParqEx is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from ParqEx with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site & Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against ParqEx regarding the remittance of payments received from a Renter by ParqEx on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
9. Bookings & Financial Terms
- Key definitions
“Subscriptions” Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ParqEx cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ParqEx via email: support@parqex.com.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide ParqEx with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ParqEx to charge any “one-time” fees and all “Subscription” fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ParqEx will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
“Owner Service Fees” means any fee that ParqEx charges an Owner for the use of the Services, which may be a fixed monthly technology fee or calculated as a percentage of the applicable Parking Spot Fees. A valid payment method, including credit card, is required to process any service fees, including but not limited to installation, one-time, subscription, refunds and cancellations.
“Parking Fees” means the amounts that are due & payable by a Renter in exchange for that Renter’s use of a Parking Spot. The Owner alone & not ParqEx, is responsible for the Parking Fees for his or her Listing. The Owner may in his or her sole discretion decide to include in these amounts Taxes that the Owner determines that he or she has to collect.
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