Welcome! By using the CarPark.com website or mobile application (collectively the "Sites"), you agree to be bound by the following terms and conditions (the "Terms of Use" or "Agreement"). As used in this Agreement, CarPark, Inc. will be referred to as "CarPark" or "we", and you will be reference as "you". This Agreement incorporates by reference the following policies and documents that may also be found on this Site:
Acceptance: By using the Site and any provided parking information, materials and documents (“Materials”) made available on the Site you are agreeing to be bound by the following Terms including any notices contained or referenced within. If you do not wish to be bound by these Terms please do now use the Site or Materials. We reserve the right, in our sole discretion, to periodically modify or supplement these Terms. Therefore, please check periodically for modifications. All amended Terms become effective as to you upon being posted and your continued use of the Site. If you do not agree to any changes you must cease use of the Site. Additionally, by using the Site you represent that you are of sufficient legal age to enter into this Agreement and create a binding legal obligation for any liability you may incur as a result of your use of the Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.
You confirm that you have read and also accept the terms of our Privacy Policy, the terms of which are hereby incorporated into this Agreement. You hereby consent to the use of your personal information by ParkWhiz and/or third-party providers and distributors in accordance with the terms of the and for the purposes set forth in the Privacy Policy. CarPark makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. CarPark will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.
Ownership and Reservation of Rights: The CarPark name, logo, all related product and service names, design marks, and slogans are the trademarks or registered trademarks of ParkWhiz, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Without the express written consent of us, you are not permitted to use the CarPark name. logo, or mark in any advertising, publicity or in any other commercial manner or use the CarPark domain name or any domain name that is confusingly similar to our domain name. You may not use any third party’s trademark or logos without the prior written consent of the applicable trademark owner.
The Site contains various information in the form of data, text, graphics, and other materials from CarPark and third parties (the “Site Content”). You acknowledge that the Site and the various elements contained therein, including but not limited to images, text, graphics, and references are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content shall remain the property of ParkWhiz or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in or assert any rights to the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or part.
As between CarPark and you; CarPark retains all rights, titles, and interest in and to all intellectual property rights embodied in or associated with the Site, including without limitation, the API, Database, Site Content, trademarks, and any and all Services and any content created or derived therefrom (collectively “CarPark Intellectual Property”). There are no implied licenses under this Agreement, and any rights not expressly granted to you are reserved by ParkWhiz or its suppliers. You shall not take any action inconsistent with CarPark’s ownership of CarPark Intellectual Property. Neither party shall exceed the scope of the licenses granted and all license rights granted are non-sublicensable, non-transferable and non-assignable.
Without limiting our rights or remedies of this Agreement or at law and in equity, we may investigate complaints related to your use of the Services, the Site and alleged violations of this Agreement and we may take any action we deem necessary and appropriate in connection with such alleged violations, including but not limited to reporting any suspected activity to the appropriate law enforcement authority or appropriate persons or entities. Our failure to enforce our rights or remedies available to us with respect to your breach or violation of this Agreement shall not constitute a waiver of such breach or of any prior, concurrent, or subsequent breach of the same or any other provision of this Agreement. Please be aware that even if you do not give us your real name, your web browser transmits a unique internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
CarPark Services: The services provided by CarPark are limited to informing our customers of the location and apparent availability of parking and providing customers the ability to pre-book parking (the “Services”). Despite the convenience of the Services, the decision to utilize the Services are solely yours and you assume the responsibility and any assumption of risk associated with the Services. The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. We, therefore, cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, CarPark does not:
These Services are intended for PERSONAL, NON-COMMERCIAL USE (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not copy, reproduce alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material without the prior written consent of us. You may not use robots or other automated means to access the Site unless specifically permitted by CarPark.
We may modify or cease providing all or part of the Services at any time, including adding or deleting content or features or disabling certain aspects of the Services. Any modification or elimination of all or part of the Services will be done in our discretion and without an ongoing obligation or liability to you. Your personal access to all or part of the Site and Services may be terminated or suspended at any time, with or without notice and for any reason. Upon termination or suspension, your right to access the Site and use the Services shall immediately cease. If your access to the Services is suspended or terminated by us, you agree that you will not attempt to access the Services by any alias, fraudulent identity, or otherwise without our express approval.
Permission is granted to electronically copy and print in hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without CarPark prior written consent, is prohibited.
User Accounts: In order to fully participate in all Site activities, you must register for an account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts. The creation of multiple accounts is a violation of this Agreement.
Pricing: All parking prices on Carpark.com are set directly by the parking garage owner or operator, not CarPark. Parking garage owner or operators may charge an additional fee for oversized vehicles, it is within the owner or operator’s sole discretion to determine what qualifies as an oversized vehicle. Prices for parking can vary based on several factors including but not limited to; location (city), distance, time of reservation, date of reservation, and event schedules. CarPark, in its sole discretion, may add a convenience or administration fee to the posted parking rates. By purchasing parking through the CarPark Sites you agree to pay the amount shown at the time you make the reservation.
User Comments, Feedback, and Other Submissions: All comments, feedback, suggestions, and ideas (collectively, "Comments") disclosed, submitted or offered to CarPark, in connection with your use of this Site shall be and remain the exclusive property of CarPark, Inc. and may be used by CarPark in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on the Site or on radio, television, and print advertisements. Your first name, the first initial of your last name, and the town and state you live in may be used with any Comments you submit. CarPark is under no obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Websites and Services: To the extent the Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their content or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their websites or any products or services offered on those websites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. CarPark does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of these outside services and resources.
Uptime and Disclaimer: CarPark makes no guarantees with respect to the availability or uptime of the CarPark Site, the API, the Site Content, or the Database. CarPark may conduct maintenance on any of the foregoing at any time with or without notice to you.
The Site, the Site Content, the API, the Database, and any other materials and products on this Site are provided "AS IS" and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components contained on our Site or the server from which our Site is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, OR A COURSE OF DEALING OR TRADE USAGE.
Liability Limit: UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE, THE PRODUCTS OR SERVICES OFFERED ON OUR SITE, RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE, OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
CarPark’s liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via CarPark in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
In accordance with applicable state law, certain warranties or limitations of liability may not be excluded and therefore may not apply to you specifically. In such case, our liability will be limited to the highest extent permitted by law.
Copyright Complaints: If you believe the Site contains any content that infringes on your copyright, please contact our Copyright Agent, as detailed below, with the following information:
Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A., without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Arbitration Clause: YOU AGREE IN THE EVENT OF ANY DISPUTE OR CLAIM THAT YOU MAY HAVE AGAINST PARKWHIZ WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AS A PLAINTIFF OR CLASS MEMBER, OR CLASS-WIDE ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JUDGE OR JURY. HOWEVER, THIS CLAUSE WILL NOT APPLY TO CLAIMS BROUGHT BY PARKWHIZ FOR YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, VIOLATION OF THE NON-SOLICIT CLAUSE OF THIS AGREEMENT, OR VIOLATION OF THE COUPON ABUSE CLAUSE OF THIS AGREEMENT; IN WHICH CASE WE MAY SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF IN A COURT WITH JURISDICTION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("AAA Rules") then in effect. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitrator will decide the substance of all claims in accordance with applicable law for the State of Illinois and will honor all claims of privilege recognized by law. You agree that regardless of any statute or law to the contrary, any dispute or claim arising out of, related to, or connected with the use of Services or Terms of Use must be filed within one (1) year after such claim arose or it will be forever banned. Any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. The payment of any filing and arbitration fees will be in accordance with AAA Rules.
Unless you and CarPark agree otherwise, any arbitration hearing between CarPark and a Buyer will take place in the county of your billing address, and any arbitration hearing with a Seller or Developer will take place in the county in which you have your principal place of business. If AAA arbitration is unavailable in your county, the arbitration hearing will take place in the nearest available location for AAA arbitration. If your claim is for ten thousand dollars ($10,000) or less, the arbitration will be conducted solely on the basis of documents submitted by all parties to the arbitrator, unless determined a hearing is necessary. If your claim exceeds ten thousand dollars ($10,000), your right to a hearing will be determined by the AAA Rules. The parties agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, and formation of this clause. The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction. The arbitrator’s decision shall be final and binding on all parties. The arbitrator may award any individualized remedies that would be available at court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The arbitrator’s decision and judgment shall have no precedential or collateral estoppel effect. This Arbitration Clause shall not apply to the following types of claims: 1) violation of CarPark’s intellectual property rights; 2) violation of the Non-Solicit Clause of this Agreement; 3) violation of the Coupon Use Clause of this Agreement; and 4) claims that may not be subject to arbitration as a matter of law.
Modification: CarPark may at any time modify these Terms of Use and Privacy Policy. If we make material changes we will notify you of such changes and provide you with the opportunity to review the modification. Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. If you do not agree with any of the changes or modifications your only recourse is to cease use of the Site and Services.
Miscellaneous: The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at legal@carpark.com.