WEBSITE TERMS OF USE

Last Revised January 25, 2021

BY ACCESSING THE SERVICES, YOU AGREE TO BOTH THE PARKQUILITYPARKQUILITY™ TERMS OF USE AND THE PARKQUILITYPARKQUILITY™ PRIVACY POLICY.

The services that Parkquility provides to you through its website, mobile application(s), and related services (collectively, the “Services”) are subject to the following Terms of Use (“TOU”). Parkquility reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be viewed by clicking on the “Terms of Use” hypertext link located at the bottom of our webpage (the “Website”) or as found in the Parkquility app (the “App”).

Parkquility shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, access, or use.

For the purpose of this TOU, the terms “we,” “us,” and “our,” refer to Parkquility, Inc. “Parkquility Partner” means any co-branded and/or linked website through which we provide links, content or service.

Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which is incorporated by reference in this Agreement. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents.

USE OF THE WEBSITE AND THE APP

As a condition of your use of this Website, you warrant that:

you are at least 18 years of age;
you will use the Services solely in accordance with these Terms of Use;
you will use the Services solely in accordance with the law;
all information supplied by you to the Services is true, accurate, current and complete; and
you will protect and keep confidential your account information, including your username and password.

We retain the right at our sole discretion to deny access to the Services to any person at any time and for any reason, including, but not limited to, for violation of these TOU.

PROHIBITED ACTIVITIES

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Parkquility website or mobile application. Additionally, you agree not to:

use this Services or its contents for any commercial purpose other than as contemplated herein;
access, monitor or copy any content or information of the Website and App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
bypass or circumvent measures used to prevent or limit access to the Website and App; or
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to Parkquility, including litigation costs and damages.

ADDITIONAL RULES AND RESTRICTIONS

For any product or service where we serve as either a reseller or a conduit to that product or service, you agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. Parkquility shall not be liable in any way for any use you might make of third-party products or services, whether or not accessed through the Parkquility Website or App.

PAYMENTS

You authorize Parkquility to use your information and share your information in any legal way consistent with the purposes of the Website and App. You agree that your credit card will be charged by Parkquility for any amounts due to Parkquility, which can include a fee for parking, a service fee for using the Parkquility service, and any applicable taxes.

Service fees retained by Parkquility may vary based on when, where, and how long you use the services.

If you cancel or change your parking reservation, or if you do not show up at the time designated for your parking reservation, but you may be charged a cancellation or change fee indicated in the rules and restrictions for the parking reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some parking garages, lots, parking spaces, or other parking areas, do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Terms of Use imposed with respect to any prepaid parking reservations.

Sales, use and/or other taxes may be imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your use of the services, and such taxes will be added on to any fees you may owe. You agree to pay all fees and taxes for your use of the services, which includes all fees for parking.

BANK AND CREDIT CARD FEES

Payments are processed in the United States.
To process your payment, Parkquility may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the credit card).

Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are using a non-US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company. In addition, some banks and card companies impose fees for currency conversion. You agree to pay any and all such fees imposed. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

CURRENCY CONVERTER

Currency rates are based on publicly available sources that may change without notice, and should be used as guidelines only. Actual rates may vary.

INTERNATIONAL TRAVEL

PARKQUILITY NEITHER REPRESENTS NOR WARRANTS THAT PARKING IN ANY GARAGE, LOT, OR OTHER PARKING SPOT IS SAFE OR WITHOUT RISK, AND DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES OR LOSSES THAT MAY RESULT FROM PARKING IN SUCH LOCATIONS. YOU AGREE THAT YOU WILL NOT HOLD OR ATTEMPT TO HOLD PARKQUILITY LIABLE FOR ANY DAMAGES OR LOSSES YOU MAY INCUR BY USING THE SERVICES OR BY PARKING.

LIABILITY DISCLAIMER

More specifically, the Information, Software, Products and Services published on the website or through the mobile application may include inaccuracies or errors, including pricing errors. In particular, Parkquility does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information, location, and description of a parking area, and services offered through the Services (including, without limitation, the pricing, photographs, general descriptions, etc.). You acknowledge that, in addition to being inaccurate or out of date, posted prices are subject to change at any time without notice. Parkquility expressly reserves the right to correct any pricing errors presented through the Services. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

Parkquility does not guarantee the accuracy of ratings posted regarding any of the products offered, and makes no guarantees about the availability of specific parking areas and services.

Parkquility may improvement and/or change the website or mobile application at any time.

You acknowledge that Parkquility makes no representations about the suitability of any of the Services for any purpose, and the inclusion or offering of any products or services in the Services does not constitute any endorsement or recommendation of such products or services by the Parkquility. All Services are provided “as is” without warranty of any kind, and Parkquility disclaims all warranties and conditions that the website, mobile applications, its servers or any email sent from Parkquility are free of viruses or other harmful components. Parkquility hereby disclaims all warranties and conditions with regard to Services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers, hotels and other suppliers providing travel or other services through the Services are independent contractors and not agents or employees of Parkquility. Parkquility is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that Parkquility has no liability for and will make no refund in the event of, any delay, cancellation, overbooking, strike, force majeure or other causes beyond its control, and it has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

You agree that IN NO EVENT SHALL PARKQUILITY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SERVICES, USE OR MISUSE OR LOSS OF DATA, THE QUALITY OF PARKING AREAS REFERRED TO IN THE SERVICES, ANY DAMAGE TO YOUR VEHICLE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY INFORMATION OR OPINIONS POSTED IN THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF PARKQUILITY AND/OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will any Parkquility liability exceed, in the aggregate, the greater of (a) the service fees you paid to Parkquility in connection with the relevant transaction, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Parkquility and/or its respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify Parkquility and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms of Use or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of the website, the mobile application, and/or the Services.

LINKS TO THIRD-PARTY SITES

When using the services, we may provide you with hyperlinks to websites operated by parties other than Parkquility. Such hyperlinks are provided for your reference only. You understand and acknowledge that we do not control such websites and are not responsible for their contents or the privacy or other practices of such websites, and that it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Parkquility website or mobile application, or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances will Parkquility be liable for any loss or damage caused by your reliance on or use of information obtained from a third-party site.

DISPUTES

To the extent allowed by law, all disputes of any nature related to these Terms of Use shall be determined by final and binding arbitration in San Francisco County, California before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. If the parties are unable to agree on the rules and procedures to be followed within 15 days, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of Delaware (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief.

PARKQUILITY SOFTWARE

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SERVICES, WEBSITE, AND MOBILE APPLICATION IS EXPRESSLY PROHIBITED.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

By submitting content to the Services, including any reviews, photographs, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Parkquility and our partners a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Parkquility may choose to provide attribution of your comments or reviews (for example, listing your name or username, along with your hometown, on a review that you submit) at our discretion, and that such submissions may be shared with our partners, including airlines, hotels, etc. You further grant Parkquility the right to pursue at law any person or entity that violates your or Parkquility’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all moral rights (including rights of attribution or integrity) that may subsist in your Submissions and you agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by Parkquility. We disclaim all responsibility and assume no liability for any Submissions posted or submitted by you. You acknowledge that Parkquility has no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You understand and agree that you are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Services). You are prohibited from, and agree you will refrain from, posting or transmitting to or from the website, mobile application, or any portion of the Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Services. You acknowledge that Parkquility may exercise its rights (e.g., use, publish, delete) to any content you submit without notice to you.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Website and App are ©2021 Parkquility, Inc. All rights reserved. Parkquility™ and its logos are trademarks of Parkquility, Inc. Other logos and product and company names mentioned herein are the trademarks of their respective owners. Parkquility, Inc. is not responsible for content on websites operated by parties other than Parkquility, Inc.

ACCOUNT TERMINATION

Parkquility may at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
Your address, email address and telephone number.
A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification by email or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

Identification of the specific content that was removed or disabled and the location that content appeared on Parkquility’s Website. Please provide the URL address if possible.
Your name, mailing address, telephone number and email address.
A statement that you consent to the jurisdiction of Federal District Court for the Northern District of California, and that you will accept service of process from the party who reported your content, or that party’s agent.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper.
Send the written communication to the following address:

Parkquility, Inc.
Attn: Support Team
Address: 3155 Frontera Way,

Burlingame, CA 94010

OR you may email it to: admin@parkquility.com

GENERAL

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and Parkquility, Inc. as a result of your use of the Services.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Parkquility, Inc. with respect to the Services, and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.