JoinParkmobile

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 garage 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. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.

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 the entire Site (including any password protected areas) at any time without notice or liability.

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 Services on this website, including, without limitation, your name, address, license plate number, vehicle registration number, mobile telephone number, business details (if relevant), email address and method of payment details. You must inform Parkmobile of any changes to this information via your online Personal Pages which can be viewed at www.parkmobile.com. 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. 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 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. 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 follow the instructions given to you via your mobile telephone.

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 know that your parking transaction has been validly accepted by Parkmobile when you have received confirmation via your mobile telephone. 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. It is your responsibility to notify Parkmobile at the end of the parking transaction (i.e., before you leave the parking facility). You can use our reminder service via SMS (text messages) or email by selecting this option on your Personal Pages.

3.6 In the event that the Services are unavailable, you must pay the appropriate parking fee that is due by paying on the premises (e.g., by buying a printed parking ticket from the appropriate dispensing machine). If, at the end of a parking transaction that we accepted, you find that the Services are unavailable, you may contact Parkmobile's Helpdesk or you can log into your account at any time and stop the transaction. You will be charged the relevant parking fees for the amount of time that your vehicle was parked in the parking zone and the Services remained activated.

3.7 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.

3.8 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. Compliance and ownership of Parkmobile website

4.1 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, 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; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.

4.2 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.

5. SMS messages and email reminders

5.1 You will have the ability to set up an SMS text message or email reminder via your Personal Pages or at the time you register. Your Personal Pages will be maintained by Parkmobile on this Site. Standard messaging charges assessed by your carrier will apply. Additionally, SMS services charges assessed by Parkmobile will be included on your invoice as a portion of the package rate applicable to the Services.

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

6. Fees

6.1 You agree to pay all fees for Services provided to you pursuant to these Terms and Conditions as set forth in the pricing schedule at www.parkmobile.com or as otherwise agreed to between you and us. Parkmobile may increase any price or fee and/or payment terms for the Services at any time by giving advance notice of the change and its effective date to you.

6.2 Parkmobile shall collect the amounts for your service plan, parking fees, sending parking reminders by SMS text messages or emails, if applicable, and any other services made available on this website that you request from Parkmobile by charging your credit card or debit card once every month. You authorize Parkmobile, until further notice, to charge your account for extra charges you incur that are outside of your plan as and when these charges become due. At all times hereunder, you must have sufficient credit on the card account to pay the fees due at the time Parkmobile requests the payment from the credit card company. Your failure to do so may result in your incurring additional fees on your credit card and suspension of the Services. If you do not pay your parking fees to us, your Parkmobile account will be blocked or terminated, in our sole discretion, and you will be subject to additional administration costs and fees in order to reestablish the Services. Parkmobile reserves the right to transfer the claims for unpaid parking fees to third parties.

6.3 A history of your parking transactions, indicating the parking locations, times and costs, and parking reminders received by SMS messages or email, 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 additional charges and fees.

6.4 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.

7. Termination and remedies

7.1 Parkmobile reserves the right to terminate or refuse to provide you with the Services for any reason, including, without limitation, your failure to pay for the Services pursuant to the terms hereunder. If you fail to comply with these Terms and Conditions, you may be issued a parking ticket, penalty fee or have your vehicle impounded by the appropriate authorities for parking without paying the parking fee. We may also suspend your access to the Services.

7.2 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.

8. Warranty disclaimer; limitation of liability

8.1 EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SERVICES SOLD, LICENSED OR PROVIDED THROUGH THIS WEBSITE ARE GOVERNED BY THESE TERMS AND CONDITIONS AND ARE PROVIDED ON AN 'AS IS' BASIS. PARKMOBILE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICES, THIRD PARTY WORKS PROVIDED HEREUNDER OR OTHERWISE REGARDING THESE TERMS AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACTS, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING THE PERFORMANCE OF THE SERVICES, WHICH IS NOT CONTAINED IN THESE TERMS AND CONDITIONS, SHALL BE BINDING ON PARKMOBILE. YOU ACKNOWLEDGE AND AGREE THAT PARKMOBILE SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY OR NONCONFORMITY IN THE SERVICES. WITHOUT LIMITING THE FOREGOING, PARKMOBILE EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES (OR YOUR USE THEREOF) WILL BE ERROR FREE OR UNINTERRUPTED. YOU ASSUME ALL RISKS ASSOCIATED WITH THE SERVICES.

8.2 NEITHER PARKMOBILE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGE OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES OR SOFTWARE ERROR, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PARKMOBILE HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. PARKMOBILE'S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID FOR SERVICES PURCHASED BY YOU HEREUNDER.

8.3 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

9. IndemnificationYou 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.

10. Governing law; jurisdiction and venue

10.1 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.

10.2 We intend for this website 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. 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.

10.3 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.

10.4 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.

11. Miscellaneous

11.1 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.

11.2 Miscellaneous. 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 inquiries concerning these Terms and Conditions should be directed to questions at info@parkmobileglobal.com.