Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE RELATE TO AND GOVERN YOUR USE OF PLATFORM OR ANY COMPONENT THEREOF.  BY ACCESSING, BROWSING, VIEWING OR OTHERWISE USING THE PLATFORM, YOU REPRESENT AND AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.  YOU FURTHER REPRESENT AND AFFIRM THAT YOU HAVE THE AUTHORITY AND DO HEREBY LEGALLY BIND YOURSELF OR THE BUSINESS ENTITY, IF ANY, FOR WHICH YOU SERVE IN THE CAPACITY OF AGENT, REPRESENTATIVE, INDEPENDENT CONTRACTOR, OR EMPLOYEE TO THESE SAME TERMS, WITHOUT LIMITATION, RESTRICTION, OR QUALIFICATION.  THESE TERMS SHALL TAKE EFFECT IMMEDIATELY UPON FIRST TO OCCUR OF OPENING AN ACCOUNT WITH US OR YOUR FIRST USE OF OUR PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER TO DOWNLOAD OUR APP OR CREATE AN ACCOUNT WITH US AND DO NOT USE OUR PLATFORM. 

1.    SCOPE OF CONTRACT.  

1.1.    The capitalized terms used in these Terms are defined in the final Section of these Terms.
1.2.    You should read these Terms carefully before Using the Platform. By opening an account with us or commencing and continuing to Use the Platform, you agree to these Terms and the referenced Legal Notice and Privacy Policy. If you do not agree to the Terms set forth herein or otherwise on the Platform, you must not use it. We retain the right to change the content of the Platform or these Terms at any time. Any changes made to these Terms shall be effective immediately upon posting on our Site. Your continued Use of the Platform constitutes acceptance of those changes. You shall also be subject to any applicable terms of use required by any third party where the Platform is displayed.
1.3.    We provide the Platform for use by you solely for personal, non-commercial use, except as otherwise expressly agreed to by us at our sole discretion.
1.4.    When you open an account with us or download and Use our Platform, you are directed to these Terms and required to accept and/or agree to these Terms in order continue.  The availability of the Platform on the Internet and in online mobile app stores constitutes a continuing offer by Parkmobile to you to Use the Platform according to these Terms. By opening an account with us, installing our App, or Use of the Platform or any of its components, you accept that offer and a binding contract between the parties is created whereby you unequivocally agree to adhere to these Terms, without limitation, restriction, or qualification. The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon each of them. By your Use of the Platform, you make the material representation upon which you wish Parkmobile to rely that you will fully adhere to all of the terms, conditions, obligations, and restrictions set forth in these Terms in connection with your Use of the Platform.  The parties stipulate that the account opening and/or App installation process requires electronic action to accept the Agreements and that such action constitutes and execution of the Terms and acknowledgement of the applicability of the Privacy Policy and Legal Notice and that such action creates binding agreements under the E-SIGN Act and/or applicable state laws or other federal laws.  Each time you Use our Platform and each time you provide us with information or data via the Platform or otherwise, you are accepting and agreeing to the then current version of these Terms. The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon each of them.
1.5.    By your Use of the Platform, you stipulate that a violation of any of the Terms will result in irreparable harm to Parkmobile not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
1.6.    By your Use of the Platform or any component thereof, you stipulate that the Materials are the intellectual property of Parkmobile. 
1.7.    Your Use of the Platform or any component thereof is conditioned on your agreement accept, abide by, and be governed by these Terms.  
1.8.    Your continued use of the Platform is subject to your agreement to these Terms, as amended from time to time.  You agree to perform the obligations set forth in these Terms that are required to allow Parkmobile to deliver the Platform to you.
1.9.    You acknowledge and agree to the applicability of the Privacy Policy to the Platform and that it governs all information collected by the Platform.  
1.10.    You also acknowledge and agree to the continued applicability of the Legal Notice to the Site and the Materials.  As between the Legal Notice and these Terms, the Terms shall take precedence over the Legal Notice.
1.11.    The Platform is intended for Use by users who are of the legal age to hold a driving license and enter into binding contracts. In any case, accounts of users under the age of 13 years will be cancelled and deleted by us, upon receiving notice.  

2.    OPENING YOUR ACCOUNT.    

You can open your account with Parkmobile by: downloading and installing the App; using the process provided on the Site (using Personal Pages); using our IVR System; or contacting Member Services.  You may change settings and change, update, or delete any information you provide by using the App, the Personal Pages, the IVR System, or Member Services.  Any settings changed or change, update, or deletion of information you provide, regardless of the method selected will be reflected both in the App and on your Personal Pages. Additional information on changing your account settings and modifying or deleting Personal Information can be found in the Platform Guidance.

3.    ACCESS TO PLATFORM/LIMITED LICENSE.

3.1.    The Platform, the Materials, and Intellectual Property may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Parkmobile. Moreover, you agree not to download (other than page caching) or modify any portion of the Platform without Parkmobile's prior written approval, except as is expressly provided herein.  Notwithstanding the foregoing, Parkmobile grants you a limited, nontransferable, nonexclusive, revocable license to make personal, noncommercial Use of the Platform in object code form. You are also granted a limited license to print copies of any Materials posted on the Platform, but only for your personal, noncommercial use. Except as expressly provided herein, all Intellectual Property and rights are reserved. 
3.2.    The use of the Materials or any portion of the Platform on any other website or in any environment of networked computers is strictly prohibited without Parkmobile's advance written consent, which may be withheld in our sole discretion.
3.3.    With respect the license to use the Platform as described herein, you agree to the following license restrictions: 
3.3.1.    You shall not share with or assign, copy (except as expressly set forth herein), sublicense, transfer, lease, rent, sell, distribute, or otherwise provide to any third party (i) this license, (ii) the Platform; (iii) any Use of the Platform; or (iv) your rights under these Terms. 
3.3.2.    Other than as expressly set forth in these Terms, shall not (i) modify, adapt, translate, duplicate, disassemble, decompile, reverse assemble, reverse compile, or reverse engineer, or take similar action with respect to the Platform or any component thereof for any purpose, or (ii) attempt to discover the underlying source code or algorithms of the Platform (unless enforcement of this restriction is prohibited by applicable law and then, only to the extent specifically permitted by applicable law, and then only upon providing us with reasonable advance written notice and opportunity to respond);
3.3.3.    For the purpose of designing, modifying, or developing software or services similar in purpose, scope, or function to the Software, shall not engage in competitive analysis, benchmarking, use, evaluation or viewing of the Software or Documentation or create any derivatives based upon the Software, whether for Customer's internal use or for license or for resale; and
3.4.    Shall not permit any party, whether acting directly or on behalf of you, to breach or violate any of these License Restrictions. 

4.    YOUR USE OF THE PLATFORM.

4.1.    You are responsible for providing Parkmobile with the correct information about you when you open your account.  The details of your account can be updated within your Personal Pages via the Site, the App, or by contacting Member Services. You are responsible for keeping your password and login information for the Site secret so that only you can access your account's Personal Pages on the Site. The minimum requirements for a password in connection with the Platform can be found in the Site Guidance.  We are not responsible for any unauthorized access to your account or Personal Pages.  Until you notify us of an unauthorized use of your Personal Pages, we will continue to process Transactions.
4.2.    Details on how to Use the Platform to start and complete a Transaction can be found in the Site Guidance.  You are responsible for correctly entering the (i) relevant parking zone number, which is indicated on the parking meters or signs nearest to the relevant parking space or can be found on the city-specific listing of parking facilities on the Site and (ii) the license plate number of the vehicle you are parking. Additionally, where applicable, you are responsible for correctly entering your parking space number and your zone number, when required. 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. Use of the Platform does not guarantee you a parking space and 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.
4.3.    All notices and signs or directions made by relevant government authorities; traffic attendants; Parking Operators; or other authorized persons shall take precedence over any information that you receive from Parkmobile (e.g., the availability of parking in a certain area). The Parking Operator’s parking rules apply to you and your Use of the Platform does not in any way exempt you from following the Parking Operator’s parking rules. Parking rates can be changed by the Parking Operator 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 parking fee increases.
4.4.    You are responsible for ensuring that you have properly activated the Platform for the relevant parking zone before you leave your vehicle unattended. You are responsible for Parking Penalties. 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).
4.5.    You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. 
4.6.    You are solely responsible for all charges you incur in connection with your use of a mobile device with the Platform, including but not limited to, data usage, per-minute, and other telecom charges.
4.7.    If you are dissatisfied with any of these Terms, or if the Platform is not as described, does not include expected functionality, or does not otherwise meet your needs, your sole and exclusive remedy is to delete or terminate and un-install the App.
4.8.    More detailed information on how to use the Platform can be found in the FAQ section of Site which can be accessed via the Site or the App. 

5.    PERMIT PURCHASE POLICY.

5.1.    We provide consumers with opportunities to purchase Permits from relevant Transaction Entities (such as venues, sports teams, theaters, event organizers, municipalities, and Parking Operators).  A Permit serves as the official confirmation of your purchase of a particular item offered for sale by our Transaction Entities, which may be, for example, event parking, daily parking, monthly parking, transportation or a parking validation.
5.2.    Transaction Entities, not Parkmobile, set the Permit prices, maintain the parking space inventory or vehicle capacities, as applicable.  Policies set forth by Transaction Entities 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.
5.3.    The Permit will be in the form of a physical permit mailed to you, an electronic print-at-home Permit emailed to you, or a digital image that can be displayed from your compatible device, as applicable.  Transaction Entities 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 Transaction Entity.  No refunds will be issued for unused Permits.
5.4.    If by physical means, please allow enough time for the delivery of your Permit.  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 ca 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.
5.5.    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.
5.6.    Permits purchased on the Sites may be subject to service fee(s) and a non-refundable per order payment processing fee.
5.7.    Before purchasing Permits, carefully review your event details, such as date and time.  Policies set forth by Transaction Entities 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 (except for your error or your failure to follow and abide by the applicable rules and regulations), please contact us.  We will endeavor to refund to you the Permit price less the non-refundable payment processing fees, if any.
5.8.    Occasionally, events are cancelled or postponed by Transaction Entities due to weather conditions or situations affecting the staff or audience.  When this occurs, Parkmobile endeavors to ensure you receive a prompt refund of the Permit price and associated service fee if applicable (per order payment processing fees are not refundable).  If an event is cancelled, please contact us for information on receiving a refund.  If the event was moved or rescheduled, the Transaction Entity 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. 
5.9.    When purchasing Permits, 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.  Orders for more than the stated limit will be void and the charges may not be refundable.

6.    COMPANY ACCOUNTS.

You can open a Company Account for a monthly fee that is calculated on a per vehicle basis for the vehicles managed under the Company Account.  The assessed monthly fees automatically enroll you in a Company membership (as described below) and the only way to stop the assessment of the monthly fees is to cancel your account.  More information on opening a Company Account can be found in the Site Guidance.  

7.    PAYMENT.

7.1.    You agree to pay all parking fees and other amounts for Transactions, including, if applicable, related Transaction Fees, service charges, other fees or charges, taxes, etc., whether imposed by a Transaction Entity or Parkmobile pursuant to these Terms and all fees for Services, if any.
7.2.    Parkmobile shall process the amounts for Transactions by charging against your Payment Method at the time of your Transaction. You must have a valid Payment Method with all necessary Payment Information, or suspension of the ability to Transactions services may occur. If your Payment Method 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.    Please note that not all parking facilities accept all Payment Methods.  We have no liability for any Transaction that is rejected because the Payment Method you registered is not accepted at a particular location.  You should register more than one Payment Method to avoid being declined at a particular parking location.
7.4.    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.  
7.5.    A history of your Transactions, indicating the parking locations, times and costs is accessible by you from your Personal Pages on the Site. If you require a printed invoice, you print it from your Personal Pages on the Site. 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.
7.6.    If, in good faith, you dispute any fees for a Transaction, you must provide us written notice of the dispute, and the applicable Transaction Entity, if any, within thirty (30) days of the Transaction.  Your failure to comply with this procedure shall constitute your approval of such fees. 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.
7.7.    With respect to reserved parking:
7.7.1.    The Transaction may be subject to service fee(s) and a non-refundable per order payment processing fee.
7.7.2.    There will be no fee administered for any cancellation of a reserved parking event up to three (3) hours prior to the scheduled parking event.
7.7.3.    There will be a service fee equal to fee 100% of the original reservation price administered for any cancellation within three (3) hours of the scheduled reserved parking event, or if you do not utilize the scheduled reserved parking event parking. The fee will be charged against your Payment Method.
7.8.    We are not able to refund the parking fees you pay through Parkmobile because Parkmobile is merely a pass-through and tracking functionality for those fees and the parking fees go directly to the Parking Operator for the location in which you park.
7.9.    We don't have the access or ability to reverse or cancel transactions or to refund the fees the parking operator has collected.
7.10.    If you'd like to reach out to your Parking Operator to see if they are willing to accommodate your request, we encourage you to do so.
7.11.    Only authorized members of the call center and facility managers can authorize a refund for any amount of Transaction Fees. Refunds will endeavor to submit and process within 60 hours of your request.

8.    CONTRIBUTIONS TO THE SITE.

There either are now or may be in the future, opportunities for you to contribute User Content to the Site.  Parkmobile cannot preview User Content or all third-party content before it appears and is not liable or responsible for any User Content or content from third parties.  You shall not provide illegal or prohibited User Content, including User Contact containing, among other things, unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable materials.  We may remove any User Content from the Site for any reason or no reason.  If you discover this kind of material on the Site, please notify us via the “Contact Us” form on the Site.  We will investigate your claim and may then take the actions deemed appropriate.

9.    USER CONDUCT.  By Using the Platform, you make the material representations upon which you wish Parkmobile to reasonably rely, that you will comply with the Conduct Rules set forth in this Section.

9.1.    You will not Use the Platform in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating Parkmobile's Intellectual Property rights or the intellectual property rights of any third party;
9.2.    You will not Use the Platform in a way that violates any rules or requirements set forth on the Site;
9.3.    You will not utilize the Platform in a manner that is harmful to Parkmobile or any other person or entity;
9.4.    You will not utilize any information that you gained as a result of using the Platform to illegally or improperly violate another person's or entity's privacy rights;
9.5.    You will not Use any of Parkmobile's Marks as metatags on other websites or otherwise use Parkmobile's Marks for your own advertising or pecuniary gain, including without limitation utilization as Google AdWords;
9.6.    You shall not Use the Platform in regard to any commercial activities, advertising or sales without the prior written consent of Parkmobile, which may be unreasonably withheld;
9.7.    You shall not use any robot, spider or other intelligent agent software or device to access or monitor the Platform in any manner;
9.8.    You will not transmit to or through the Platform, or post User Content which consists of any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable;
9.9.    You will not restrict any other user from properly using the Platform, including without limitation, by way of "computer hacking" or otherwise altering the software or functionality of the Platform and its underlying programs;
9.10.    You will not imply that any of your public statements are endorsed by Parkmobile, including those made in public media, or that you are otherwise associated with Parkmobile in any manner;
9.11.    You will not Use the Platform if you have been temporarily or indefinitely suspended from your Use of the Platform;
9.12.    You will not transmit any material, nonpublic information about any person or entity without the proper authorization to do so;
9.13.    You will not transmit any advertisements, solicitations or any unsolicited communication without Parkmobile's express permission to do so;
9.14.    You will not cover or obscure any advertisements located within or Platform;
9.15.    You will not revise, modify, reverse engineer or in any way alter any portion of the Platform or its contents or underlying technology;
9.16.    You will not "frame" or "mirror" any part of the Platform;
9.17.    You will not utilize any device to enable him to circumvent the structure of the Platform and/or spam or flood the Site;
9.18.    You will not collect any information about visitors to the Platform without Parkmobile's express permission to do so;
9.19.    You will not deliver to or through the Platform, or provide links to any postings outside the Platform without the prior written permission of Parkmobile, including, without limitation, to any materials which are deemed, in Parkmobile's sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable;
9.20.    You will not impersonate any other person and/or falsely state or otherwise misrepresent that you have an affiliation with any other person or entity, or otherwise mislead, deceive or defraud Parkmobile or any other party; 
9.21.    You will not create a database utilizing any information found within the Platform or the Materials;
9.22.    You will always drive vigilantly according to road conditions and in accordance with all traffic laws while using the platform.  
9.22.1.    While driving, it is forbidden for you to non-verbally interact with the Platform or use the Platform in a non-verbal manner for any purpose other than navigation to a parking venue (so long as such interaction does not distract your attention from the road or interfere with safe driving. 
9.22.2.    Using the Platform to conduct searches, parking transactions, purchases, or payments is only to be done after you have stopped your vehicle in a safe location and appropriate location as permitted by law. 
9.22.3.    Using the Platform to conduct searches, parking transactions, purchases, or payments may be done by your passenger, provided it does not distract your attention to the road and does not interfere with safe driving;
9.23.    You are at least 13 years of age and you are authorized to provide information to Parkmobile through the Platform, install the Platform, and open an account;
9.24.    You understand that, subject to applicable Federal and State laws regulations to the contrary, Parkmobile shall not be required to provide any refunds, credits, benefits, or other compensation for any discontinued component of the Platform or discontinuance of the Platform itself;
9.25.    You agree not to reproduce, duplicate, copy, sell, resell, modify or exploit for any commercial purposes any portion of the Platform, including, without limitation, access to the Platform or any of the Materials, Marks or Intellectual Property; and
9.26.    You acknowledge and agree that your representations hereunder shall survive termination of your account, licenses hereunder, or Use of the Platform.

10.    INTELLECTUAL PROPERTY

10.1.    Our Intellectual Property is the sole property of Parkmobile and its Affiliates or other representatives (as applicable) together with the goodwill associated therewith.   Other than as expressly set forth herein, you are not authorized to use our Intellectual Property or any variations thereof.  Other than as expressly set forth herein, Parkmobile does not grant to you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by Parkmobile and its Affiliates. You are liable for any and all damages of every kind resulting from any infringement by you of our Intellectual Property rights.  
10.2.    We are the sole owner of any derivatives, new versions, enhancements, updates, changes, etc. of our Intellectual Property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.
10.3.    Portions of Platform may provide you with an opportunity to post and exchange information, ideas and opinions. Be advised that such postings do not reflect the views of Parkmobile. In no event shall Parkmobile assume or have any responsibility or liability for the postings or for any claims, damages or losses resulting from any other posting use and/or appearance on the Platform.
10.4.    You hereby represent and warrant that you have all necessary rights in and to User Content you provide to or through the Platform and that neither your provision of User Content nor the User Content itself will infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

11.    COPYRIGHTS AND MARKS; RESTRICTIONS ON USE.

11.1.    The Materials on the Site and in the Platform are copyrighted by Parkmobile, its Affiliates, and its third party licensors, whether explicitly marked or not, under United States and international copyright laws and are subject to other intellectual property and proprietary rights and laws. Such Material is protected under United States and international copyright, trademark, unfair competition laws, and similar laws.  Such Material may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Parkmobile, with the sole exception that you may print copies of the Materials for your own personal, noncommercial use. 
11.2.    The Marks may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Parkmobile, with the sole exception that you may print copies of the Marks for your personal, noncommercial use and 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.   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 Platform, including the Legal Notice.
11.3.    Nothing contained in this Section will in any way limit the similar provisions contained in the Legal Notice.

12.    COMMUNICATIONS.  

Any communications, including, without limitation, e-mails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise from you to Parkmobile or any of its officers, employees or agents and any postings to the Platform shall become Parkmobile's property upon the transmission of the same. You grant the perpetual and irrevocable right to us to both publicly or nonpublicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.

13.    MESSAGING.

13.1.     As part of your Use of the Platform, Parkmobile may send reminders, alerts, or critical Platform-related notifications via Messaging.  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 and other and future carriers.
13.2.    You may set up Messaging 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.
13.3.    With each parking session, you may receive Messaging relating to your parking session or Parkmobile service communications. Message and data rates may apply.
13.4.    You acknowledge and agree that the reception of Messaging is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a Transaction. You further acknowledge and agree that the reception of 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 Messaging on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
13.5.     You may opt out of receiving of SMS, email, or push notifications by making changes to your Personal Pages or via the setting in the App (in the case of Push notifications you can only choose to stop receiving them within the settings for your mobile device) and the Site Guidance includes helpful information, guides, instructions, etc. for to opting out.  You may not opt out from receiving certain in App messages related to Platform operation.  Other opt out options include:  
13.5.1.    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; 
13.5.2.    For questions or assistance in receiving or opting out of receiving SMS text messages or email notifications you may text us at any time from your mobile phone by texting the word “HELP” to 69646.  The Site Guidance also has helpful information and guides for opting out.

14.    MEMBERSHIP.  

14.1.    When you open an account, the Platform automatically enrolls you in our basic membership, which carries no monthly fees and has the rights set forth on the membership page in the Site Guidance.  When you open a Company Account, you are automatically enrolled in our company membership for a fee that is assessed based upon the number of vehicles managed under the Company Account and the amount of the fee and rights are set forth on the membership page in the Site Guidance.
14.2.    Preferred memberships carry the monthly fees and rights set forth on the membership page in the Site Guidance.   You may change your membership from basic to preferred at any time by accessing your account on the Site. Company memberships cannot be changed to any other type of membership. 
14.3.    By selecting a membership level for which a monthly fee is charged, you authorize us to charge your Payment Method for any applicable monthly membership fee. Each membership renewal period is for one month.  We will automatically renew your membership on the 1st day of each month and will charge any associated membership fees at that time.  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 requires a reasonable amount of time to process your membership change or cancellation request. 
14.4.    You may cancel your account, and thereby membership at any time, by sending your request to helpdesk@parkmobileglobal.com.  
14.5.    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. 

15.    ELECTRONIC DELIVERY.  

You agree and consent to the Electronic Delivery all communications, agreements, amendments, documents, policies, notices, consents, and disclosures that we provide in connection with your use of the Platform, your account with us, and your use of our Services. You agree to Electronic Delivery of any and all Platform, account, or Transaction information, including without limitation:
15.1.    All required notices under the Agreements and any other agreements, terms of use, terms and conditions, policies, requirements, amendments, and updates to the foregoing; 
15.2.    The Agreements and any other agreements, amendments and updates thereto, terms of use, terms and conditions, and policies;
15.3.    Transaction receipts or confirmations; 
15.4.    Account statements and history;
15.5.    Any other communication, notices, or deliveries contemplated by the Agreements, and any other policies, terms of use, or terms and conditions; and
15.6.    Any other Platform, account, or Transaction information.
All communications, including notices, shall be deemed effective upon delivery of such Electronic Delivery by Parkmobile.  The parties stipulate that Electronic Deliveries pursuant to this Section are in compliance with the E-SIGN Act and are effective deliveries of the items described in this Section.

16.    NOTICES TO PARKMOBILE.

All notices or other communications to Parkmobile, if any, that are to be given under these Terms must be in writing, which shall be given by delivery to the address set forth below by way of either personal delivery, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier. Notices to Parkmobile shall be deemed given only upon receipt. Notices to Parkmobile may also be given by electronic mail, provided that it is followed by an exact copy by either regular mail, personal delivery, certified mail, return receipt requested or two-day mail or overnight mail by a commercial carrier to the same addresses set forth above. Such notice shall be deemed effective twenty-four (24) hours after the message was sent, if no "system error" message or other notice of nondelivery is generated. Notices to Parkmobile shall be addressed as set forth below unless it changes the address in writing by updating these Terms. The address for giving notice to Parkmobile is Parkmobile LLC 1100 Spring St. NW, Suite 200, Atlanta, GA 30309.

17.    INDEMNIFICATION.  

You agree to indemnify, hold harmless and defend Parkmobile with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney's fees and expenses of Parkmobile's selected attorneys, arising from any third-party claim against Parkmobile relating to (i) your violation of law, (ii) your infringement of any intellectual property of any person or entity, including without limitation, patents, trade secrets, copyrights, Marks, trade names, intellectual property rights or similar proprietary rights; (iii) any noncompliance with or violation of the Conduct Rules or License Restrictions; (iv) any User Content provided by you; (v) your improper or illegal Use of the Platform; (vi) any act or omission or willful misconduct of yours; (vii) any breach of any of your representations, warranties, or covenants made herein; and (viii) any failure by you to comply with these Terms;.

18.    ATTORNEYS’ FEES.  

If we undertake any action to enforce these Terms, we will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any cost of litigation, in addition to any other relief at law or in equity to which we may be entitled. In such event, we shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorney's fees and costs, involved directly or indirectly in our enforcement efforts, whether or not we do so through institution of formal legal proceedings.

19.    PRIVACY.

19.1.    Please refer to the Privacy Policy for how we collect, use, and protect information and what information we collect. By opening an account; downloading and installing our app, and/or Using the Platform, you consent to our collection and use of information as described in the Privacy Policy.  Your continued Use of the Platform is your continuing consent to our collection and use of information and is governed by the terms of the Privacy Policy. Note that you may also be subject to the applicable privacy policies of any Linked Sites.
19.2.    When opening an account, whether on the Site or via the App, IVR Systems, or Member Services, you are required to provide us with certain personal information, which may include your name, birth date, e-mail address, Payment Method and Payment Information, and other information described in the Privacy Policy. This information will be held and used in accordance with the Privacy Policy.
19.3.    You agree to supply accurate and complete information to Parkmobile, and to update that information promptly after it changes.

20.    DISCLAIMERS.

20.1.    You explicitly agree that Use of the Platform or the Materials is at your own and sole risk.  Parkmobile makes no makes representation or warranty that the Platform will be uninterrupted, timely, secure or error free and Parkmobile make no representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Platform or Materials. Parkmobile does not warrant or covenant that any defects or errors associated with the Platform will be corrected. You also understand and agree that any Materials downloaded or otherwise obtained through your Use of the Platform is obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that Parkmobile cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Parkmobile makes no warranty regarding any use of confidential or private information that you may provide.  Parkmobile may change any of these Terms at any time without notice. Parkmobile makes no commitment to update the information found on or in the Platform or Materials. The limited warranties and representations set forth in these Terms are the only warranties and representations with respect to the Platform and Materials.  No warranty and/or representation will extend to any third person. Some jurisdictions do not allow the elimination of certain warranties, so some of the above exclusions may not apply to you.
20.2.    EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THESE TERMS, THE PLATFORM AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND AND PARKMOBILE DISCLAIMS THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR THAT WHICH IS CONTAINED IN THE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE ERROR FREE.  WE DO NOT WARRANT OR COVENANT THAT ANY DEFECTS OR ERRORS ASSOCIATED WITH THE PLATFORM WILL BE CORRECTED.  EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THESE TERMS, THERE ARE NO OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED BY STATUTE, OPERATION OF LAW, TRADE USAGE, COURSE OF PERFORMANCE OR DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, TITLE, ACCURACY, QUALITY OF INFORMATION, QUIET ENJOYMENT OR COMPLETENESS; ALL SUCH WARRANTIES BEING SPECIFICALLY AND FULLY DISCLAIMED BY PARKMOBILE.  WE FURTHER DISCLAIM ANY LIABILITY TO YOU FOR ANY THIRD PARTY CHARGES, INCLUDING, BUT NOT LIMITED TO, DATA USAGE, OR TELECOM CHARGES FOR DEVICES USING THE PLATFORM.  WE DO NOT WARRANT THAT PLATFORM WILL WORK ON YOUR MOBILE DEVICE, WITH YOUR OPERATING SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR MOBILE DEVICE.  OTHER WRITTEN OR ORAL REPRESENTATIONS OR AFFIRMATIONS OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS FROM PARKMOBILE OR ANY OTHER SOURCE REGARDING THE PERFORMANCE OR FEATURES OF THE PLATFORM OR SERVICES THAT ARE NOT CONTAINED IN THESE TERMS. SHALL NOT IN ANY WAY BE BINDING ON PARKMOBILE, CREATE ANY OBLIGATION OR WARRANTY, AND ARE HEREBY EXPRESSLY DISCLAIMED.  SOME JURISDICTIONS DO NOT ALLOW THE ELIMINATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  
20.3.    We are not responsible for the conduct of other users, whether online or offline. Under no circumstances shall Parkmobile be responsible for any loss or damage, including, without limitation personal injury or death, resulting from the use of the Platform or the conduct of any other users, whether online or offline.
20.4.    We are not responsible for damage by fire, theft or mechanical defects or for any articles left in your vehicle.
20.5.    Parkmobile is not responsible for any Parking Penalties you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. 
20.6.    If you authorize Parkmobile to contact the relevant authorities on your behalf regarding your Parking Penalties, you acknowledge and agree that, in such cases, Parkmobile may provide all or a portion of your personal details to the relevant authorities as such is needed to resolve your Parking Penalties. In addition, in the event that you fail to pay any amounts owing for Transactions or Parking Penalties (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.
20.7.    THE PERFORMANCE OF THE PLATFORM CAN VARY DUE TO SEVERAL FACTORS, INCLUDING WITHOUT LIMITATION: SPECIFIC PHONE MODEL LIMITATIONS AND CAPABILITIES, PHONE SERVICE PROVIDER NETWORK LIMITATIONS AND CAPABILITIES, PHONE MULTI-TASKING, PHONE MEMORY, GPS "LOCK" TIME, AND GPS ACCURACY. PARKMOBILE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PLATFORM PERFORMANCE.
20.8.    We are not responsible for any message, data, usage, or similar fee or charges with respect to your Use of the Platform and you acknowledge that such fees or charges may apply and that you are solely responsible for such charges and fees.
20.9.    Your sole and exclusive remedy for any breach by us of any term or condition set forth in these Terms is to cease to Use the Platform, un-install the App, and terminate your account. 

21.    LIMITATION OF LIABILITY.

21.1.    WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, INSTALLING, USING, OR BROWSING IN THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS. WE ASSUME NO RESPONSIBILITY FOR AND ARE NOT LIABLE FOR: (A) DATA CHARGES IN CONNECTION WITH THE USE OF THE PLATFORM ON YOUR MOBILE DEVICE, (B) ANY FAILURE, DELAY OR INABILITY TO USE ANY COMPONENT OF THE PLATFORM, (C) ANY TRAFFIC VIOLATION OR CITATION OR PARKING PENALTY, (D) ANY DAMAGE TO YOUR VEHICLE WHILE PARKED, (E) ANY AUTOMOBILE OR OTHER MOTORIZED VEHICLE ACCIDENT. 
21.2.    EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL (A) PARKMOBILE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUE, DATA, OR DATA USE OF ANY KIND AND (B) THE MAXIMUM AGGRFEGATE LIABILITY PARKMOBILE SHALL BE LIMITED TO US $100.00 IN THE AGGREGATE, IN EITHER CASE WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND ARISING OUT OF OR RELATED TO THE AGREEMENTS OR THE USE OF THE PLATFORM AND MATERIALS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.3.    IN OUR SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO PARKMOBILE AND WITHOUT ANY LIABILITY WHATSOEVER, PARKMOBILE AT ANY TIME AND WITHOUT NOTICE MAY SUSPEND, RESTRICT, OR TERMINATE YOUR ACCESS TO ANY COMPONENT OF THE PLATFORM.
21.4.    SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

22.    RELEASE.  

BY USING THE PLATFORM AND/OR THE MATERIALS, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS WHICH YOU MAY HAVE AGAINST PARKMOBILE, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE PLATFORM, SERVICES, AND MATERIALS. YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL AND/OR STATE STATUTES OR REGULATIONS.

23.    AUTHORIZED PERMISSION FOR USE.  

You shall be considered an entity if the individual accessing the Platform is doing so on behalf of an entity or is utilizing that entity's computer system in connection with a task (either paid or unpaid) for that entity. If you are an entity, the person using the Platform on its behalf hereby makes the material representation upon which you wish Parkmobile to rely that you are authorized to bind that entity to the Terms, as well as any other obligations imposed or undertaken through Use of the Platform. 

24.    PARKMOBILE TERMINATION.  

24.1.    Without limiting other rights or remedies set forth in these Terms or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Platform, including the Site, in whole or in part: (a) if you breach  the Agreements; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; (c) if we otherwise determine, in our sole discretion, that termination is appropriate.  We may also cancel your Permit order under the same circumstances. If we terminate your access to the Platform, we are also terminating the license granted hereunder.
24.2.    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.

25.    APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION.

25.1.    You agree that these Terms and the Agreements and all disputes arising thereunder, related hereto, or related to the Use of the Platform or Materials will be governed by and construed in accordance with the laws of the State of Georgia, USA, excluding its principles of conflicts of law and the private international law rules.
25.2.    Neither you nor we may institute a suit regarding any dispute, whether directly or indirectly related or collateral to these Terms or the Use of the Platform without first complying with this Section.  
25.2.1.    All claims or disputes between the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the American Arbitration Association whose rules and guidelines shall apply. The arbitration proceedings shall be in English. Without limitation, any dispute over the arbitrability of a matter shall be specifically reserved for the arbitrator to exclusively hear, and shall not be submitted to a court. The arbitrator shall have the authority to award any remedy or relief that a court of the State of Georgia could order or grant.
25.2.2.    Service of the written notice to initiate the aforementioned arbitration shall be deemed complete when sent either as required by Court procedure or by (i) electronic mail to any of your current or future electronic mail addresses; (ii) ordinary mail or ordinary or two-day mail by a commercial carrier, in the event a regular mailing address has been provided by the party upon which service is being effected or is otherwise determined by the serving party; or (iii) otherwise in accordance with the laws and procedures of the State of Georgia.
25.2.3.    Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction. 
25.2.4.    Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The award rendered by the arbitrator in any arbitration is final and binding on the parties. The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.
25.3.    However, notwithstanding the foregoing, either prior to, during or after the arbitration process, either party may institute a suit in equity for a temporary injunction (a) to preserve the status quo; (b) to enjoin a breach or threatened breach of this Release; (c) to obtain specific performance; (d) to compel the arbitration or further its purposes and/or to enforce a settlement or award of such arbitration; and/or (e) for any other equitable relief.
25.4.    You agree that and consent to the exclusive jurisdiction and the venue for any litigation will be in the state or federal courts of Atlanta, Georgia. 
25.5.    YOU AND PARKMOBILE (A) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND (B) AGREE TO WAIVE TRIAL BY JURY.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
25.6.    You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to Use of the Platform or these Terms, the Privacy Policy, or the Legal Terms. services related thereto must be filed within One year after such claim or cause of action arose or be forever barred and therefore the statute of limitations is limited to one year.

26.    FURTHER ASSURANCES.

You covenant and agree to perform further all acts and execute all supplementary instruments or documents which may be requested by Parkmobile to carry out the provisions and effectuate the intent of these Terms.

27.    ASSIGNMENT.

We may freely assign its rights and obligations in and to these Terms. You acknowledge that you may not assign, transfer or sell its rights under these Terms without Parkmobile 's express written consent, which may be withheld for any reason or no reason. Any purported assignment without Parkmobile's consent shall be deemed null and void.

28.    SEVERABILITY.

If any portion of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms as possible.

29.    LINKED SITES.

You acknowledge and agree that Parkmobile has no responsibility for the accuracy or availability of information provided Linked Sites. Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with Parkmobile of such sites or the content, products, advertising or other materials presented on such sites. Parkmobile does not author, edit or monitor any Linked Sites. You acknowledge and agree that Parkmobile is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on such Linked Sites. If you access a Linked Site, you do so at your own risk.

30.    NO THIRD PARTY BENEFICIARIES.

These Terms are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms or otherwise set forth in the Platform, except as may be specifically provided herein. These Terms shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party shall have any right, independent of any right that exists irrespective of these Terms, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.

31.    PROHIBITED BY LAW.

In the event that any aspect of the Platform or these Terms is prohibited by law in your jurisdiction, you agree not to Use the Platform. It is solely your responsibility to determine whether it is allowed by law to participate in the Platform. Without limitation, you release Parkmobile from all liability that could arise from your prohibited participation in the Platform or acceptance of these Terms. Moreover, and without limiting the indemnification otherwise provided herein, you shall indemnify, defend and hold Parkmobile harmless for any and all damages relating to a violation of this Section 31.

32.    INTERNATIONAL USE.

In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, you acknowledge and agree that you shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which you may reside. Without limiting the foregoing, you are responsible for compliance with all import/export laws and regulations of the United States and any other country with jurisdiction.

33.    MISCELLANEOUS.

33.1.    Parkmobile's failure to enforce any term, provision or condition of these Terms, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. To the extent that a provision of these Terms is deemed unenforceable, the balance of it shall remain in full force and effect. 
33.2.    We may amend, update, modify, replace, or revise these Terms, the Privacy Policy, the Legal Notice, the Site Guidance, and any other portion of the Site referenced herein at any time by posting such on our Site.  All such amendments, updates, modifications, replacements, or revisions are effective immediately upon posting on our Site.  All references in these Terms to the Privacy Policy, the Legal Notice, the Site Guidance, and any other portion of the Site references content of such as they are amended, updated, modified, replaced, or revised. 
33.3.    Other than as expressly stated herein, the parties may not change, modify nor amend this Agreement unless such change, modification or amendment is made in writing and signed by both Parties. 
33.4.    You acknowledge that you have not accepted or agreed to these Terms in reliance on any representations or other promises of Parkmobile which are not specifically and expressly included herein. 
33.5.    The headings in these Terms are for convenience and shall have no force and effect. 
33.6.    You acknowledge and agree that these Terms, the Privacy Policy, and the Legal Notice constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect. 
33.7.    By your Use of the Platform, you represent that you have had the opportunity to review these Terms with counsel of your choosing. You further acknowledge that you have thoroughly read these Terms; understand that you are giving up certain legal rights that may otherwise exist and are taking on certain obligations and responsibilities; have asked any questions you desire to clarify the meaning these Terms; and believe it is in your interest to nevertheless proceed with opening an account and installing and Using the Platform.
33.8.    The provisions of these Terms that by their sense and context are intended to survive termination (whether by you cancelling or closing your account, by you ceasing to use the Platform, or termination by Parkmobile) shall so survive termination.

34.    WALLET SUPPLEMENTAL TERMS.  By activating a Wallet account on the Site you agree to be bound by all supplemental terms and conditions set forth in this Section 34.

34.1.    For purposes hereof "replenishment" is any time Parkmobile adds value to your Wallet account.
34.2.    Each time you use your Wallet to pay for a Transaction, the applicable charges will be deducted from your Wallet account.
34.3.    Your Wallet funds are deposited in an Escrow account at Citibank (or another bank that we select) linked to your Wallet account. 
34.4.    You will not receive interest or other earnings on the funds in your Wallet account.
34.5.    Parkmobile does not allow split payments (paying a transaction with both the Wallet and a credit card or PayPal). Only one means of payment is accepted per transaction.
34.6.    Method of Payment: Account replenishment will occur when the Transaction fees deducted from your prepaid balance reaches the threshold value set by Parkmobile.
34.7.    Your credit card or PayPal account will automatically be charged according to the replenishment amount selected in your account settings on the Site.
34.8.    If your Wallet account balance falls below $0.00 and Parkmobile is unable to replenish your Wallet account, the Wallet account will be disabled.
34.9.    The Wallet account is enabled when a valid credit card or PayPal account is provided to replenish the Wallet account. You shall remain fully liable to us for the amount of any outstanding transaction costs.
34.10.    Users, including you, with an active Wallet account will use the Wallet payment method where applicable.
34.11.    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 your Parkmobile account, or your PayPal account associated to the Wallet account, or check only if neither of the first two refund methods are possible.
34.12.    Wallet accounts with a negative balance will not be refunded.
34.13.    A check refund may take up to twenty (20) business days to be processed and delivered to you.
34.14.    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.
34.15.    You are responsible for all authorized transactions initiated using the Wallet account. If you permit another person or persons to use the your 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.
34.16.    If you become aware of a discrepancy in your Wallet 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 or an account replenishment.
34.17.    Discrepancy details must be sent via email to the following email: addresshelpdesk@parkmobileglobal.com. Please include your name, mobile phone number, discrepancy details and any other pertinent details in any correspondence to us regarding a discrepancy.

35.    DEFINITIONS.

35.1.    As used in these Terms, “Affiliates” mean any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise.
35.2.    These Terms, the Privacy Policy, and the Legal Terms are collectively referred to as the “Agreements.”
35.3.    Our mobile parking session management application for scheduling, starting, and completing parking sessions and Transactions, including but not limited to on-street and off-street parking, parking permits, parking reservations, facilities parking, long term or short term parking event parking, etc., and other applications that we may develop are collectively referred to as the “App.”
35.4.    “Claims” mean claims and rights based on any act, event or omission, and from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever.
35.5.    “Company Account” refers to a Platform account wherein a company can enroll and manage multiple drivers or users under one account.
35.6.    Section 7 sets forth the “Conduct Rules.”
35.7.    “Electronic Delivery” means all electronic delivery of communications, agreements, documents, policies, notices, disclosures, etc. via Messaging or posting such on the Site. all that we provide in connection with your use of the Platform, your account with us, and your use of our Services delivered to you electronically via Messaging.
35.8.    “E-SIGN ACT” refers to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ch. 96).
35.9.    Parkmobile’s helpdesk, which can be reached via email at helpdesk@parkmobileglobal.com; by using the “Contact Us” feature of the Site; or by phone at 877-727-5457, is referred to as the “HelpDesk.”
35.10.    The Platform, Materials, including the Marks and our inventions, techniques, methods, works of authorships, know-how, publicity rights, trade secrets, and all other intellectual property and proprietary rights related thereto are collectively as "Intellectual Property."
35.11.    Our interactive voice response system is referred to as the “IVR System.” 
35.12.    “Linked Sites” are third party websites that are linked to the Platform and are accessible from the Platform.
35.13.    Our Legal Notice, which is posted on our Site, is referred to as the “Legal Notice.”
35.14.    Section 2.3 sets forth the “License Restrictions.”
35.15.    Whether registered or unregistered trademarks, servicemarks, logos, company names, brand names, trade names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices, and any other Intellectual Property or proprietary notices are collectively referred to as the “Marks.”
35.16.    All information, images and contents displayed or included in the Platform or on the Site, including but not limited to: images; photographs; text; software; pictures; graphics; video clips; audio clips; digital downloads; button icons; data; messages; or any and all other information controlled by the Platform, other text, graphics, audio clips, video clips, digital downloads, photographs; biographical information; data compilations together with the look and feel of the Platform and the user experience, including our color combinations, button shapes, images, organization, and other graphical elements are collectively referred to as "Materials.”
35.17.    Parkmobile’s Member Services provide Parkmobile’s helpdesk function and other support, and can be reached via email at helpdesk@parkmobileglobal.com; by phone at 877-727-5457, or by using the “Contact Us” feature of the Site; is referred to as “Member Services.”
35.18.    Communications with you via SMS texts, in App messaging, push notifications, or email are collectively referred to as “Messaging.”
35.19.    “Platform Guidance” means the information and guidance provided by Parkmobile in the Member Services section of the Site at https://parkmobile.zendesk.com, as updated amended and replaced from time to time.
35.20.    “Parking Operator” means the owners, operators, managers, contractors, customer service, representatives, agents, and vendors for a parking location.
35.21.    Parking fines, violations, tickets, and citations; penalties; your vehicle being wheel booted, towed, or impounded; and other enforcement of vehicle parking requirements are collectively referred to as “Parking Penalties.”
35.22.    Parkmobile LLC and its Affiliates are collectively referred to as “Parkmobile,” “us,” “we,” or “our.”
35.23.    Information, including information of any type necessary to process payments in connection with any Transaction, related to payments via the Payment Methods is collectively referred to as “Payment Information”). 
35.24.    In terms of acceptable methods of payment, we accept: MasterCard, Visa, American Express, and Discover credit cards; PayPal; digital wallets such as Visa Checkout, MasterPass, Chase Pay, and Wallet; debit cards; ACH transactions; and any other payment methods accepted in the future as reflected in the Platform Guidance, all of which are collectively referred to as “Payment Methods.”
35.25.    Parking or transportation permits are referred to as “Permits.”
35.26.    “Personal Pages” is a reference to the pages on our Site that you use to open your account with us (if you choose to open your account on our Site) or access the Personal Information provided when you opened your account with us.
35.27.    Our App, Services, Site, and IVR System, together with any future updates, changes or additions thereto, are collectively referred to as our “Platform.”
35.28.    “Privacy Policy” means our Privacy Policy which is posted on our Site.
35.29.    Our backend technologies, functions, servers, databases and our other products, services, content, features, technologies, functions, applications, and related websites are collectively referred to as “Services.”
35.30.    Our website located at http://us.parkmobile.com is referred to as the “Site.” 
35.31.    These Terms, as updated, revised, or amended from time to time, are referred to as the “Terms.”
35.32.    As used in these Terms, “Transactions” mean, collectively, starting, paying for, completing or making parking session transactions of all kinds, including, on-street parking, off-street parking, Permit purchases, monthly or other long-term parking transactions, short term parking transactions, reservations, event parking purchases, and completing other financial transactions Using our Platform using our accepted Payment Methods and any Use of Services.  
35.33.    Credit card issuers; banking institutions; electronic or digital wallet companies; credit rating services; Parking Operators; valet service providers; sports teams; theaters; entertainment venues; distributors of the Platform; companies with whom we have a co-branding relationship; companies for whom we provide software without out attribution (white labeled), entities for whom we provide parking management services; governmental agencies; event organizers and partners; education entities; and municipalities; and any other entities companies for whom we provide our Platform as a contractor, service provider, and the like are collectively referred to as “Transaction Entities.”
35.34.    “Transaction Fees” are fees charged by us on a Transaction by Transaction basis and are charged when you initiate and pay for a parking session, are in addition to the regularly charged parking fees for your area, and vary based on several factors including Payment Method chosen, parking location, membership level, any agreement in place with the Parking Operator, and applicability of any offered promotion.
35.35.    Utilizing the Platform or its components in any manner, including, without limitation, opening an account, viewing the Platform, completing a Transaction, installing the App, and the like, is referred to as a "Use."
35.36.    Contributions that you or others make to the Site, which may include, among others, uploading your user profile, participating in chats, using our bulletin boards, etc., are collectively referred to as “User Content.”
35.37.    Our digital wallet product used to pay for parking sessions is referred to as the “Wallet.”
35.38.    When we refer to “you” or “your,” we mean the person accessing or using our Platform.  If the person accessing or using our Platform, acts on behalf of, or for the purposes of another person, including a business or other organization, “you” or “your” also mean that other person, including a business organization.