Parking Gurus LLC - Parking Space User Agreement


Agreement:   This Agreement constitutes the entire agreement between Parking Gurus LLC, an Arizona limited liability company, its successors or assigns (referred to herein as “Parking Gurus”), and you, as the driver, operator or other person (referred to herein as “User” or “you”) arranging through the Websites for the use of one or more parking spaces for motor and other vehicles (referred to herein as “Parking Spaces”) owned, leased, controlled or otherwise operated by another person (referred to herein as the “Space Provider” or "Owner").

Scope:   This Agreement applies only to the services provided by Parking Gurus for you pertaining to booking or obtaining the right to use the Parking Spaces (the "Services"). Parking Gurus advertises Space Providers’ Parking Spaces on Parking Gurus’ websites and mobile applications ("Websites") and provides information regarding Space Provider’s Parking Spaces. The terms and conditions set forth in this Agreement shall apply at any time when you use the Websites to book a Parking Space. This Agreement does not govern the actual use of the Parking Space by you. The licensing of the use of Space Provider’s Parking Space to you is the subject of the Parking Space License Agreement between Space Provider and you referred to in the next paragraph. If you book a Parking Space but allow another person (an “Authorized Person”) to use the Parking Space so booked, you shall be responsible for the conduct of the Authorized Person and that person’s compliance with the Parking Space License Agreement.

Content of Parking Space License Agreement:   At the time Parking Gurus confirms the booking of a Parking Space and receives payment from you, a binding agreement (i.e. the Parking Space License Agreement) will be formed between the Space Provider and you. The agreement will be on the terms and conditions set forth for the Parking Space License Agreement as that agreement appears on the Websites at the time of the booking and will include only those additional restrictions relating to the Space Provider’s Parking Spaces provided by the Space Provider pertaining to restrictions or limitations on vehicle types and sizes for which the Space Provider’s Parking Spaces are suitable and hours of operation. You shall not incorporate any additional terms into the Parking Space License Agreement. You shall not propose to the Space Provider any additional terms or amendments to the Parking Space License Agreement after a booking has been made without Parking Gurus’ consent. The Space Provider is not obliged to accept any further terms once Parking Gurus has accepted a booking on your behalf. The Parking Space License Agreement, including any additional restrictions included in Space Provider’s listing, is a contract between the Space Provider and you. Parking Gurus is not a party to that agreement and shall not be liable to you, the Space Provider or any third party for any breach of the Parking Space License Agreement or otherwise in relation to the Parking Space or its use by you. Parking Gurus has no control over the conduct of Space Providers and disclaims all liability for their actions.

Disclaimer of Liability for Accuracy of Listing Content:    Parking Gurus advertises Space Providers’ Parking Spaces on the Websites and provides information furnished by Space Providers regarding Space Providers’ Parking Spaces. Parking Gurus does not warrant the accuracy of the information provided by Space Providers and shall have no liability for any inaccuracies in that information, including address, any applicable restrictions or limitations on vehicle types and sizes for which the Space Providers’ Parking Spaces are suitable, or hours of operation.

Registration:   Registration is not necessary to access the Websites but you will not be able to book a Parking Space through the Websites if you have not registered and created an account with Parking Gurus (an "Account"). To register or make a booking Parking Gurus requires that you provide Parking Gurus with your name, address, date of birth, vehicle registration number, vehicle make, model and color and a valid email address. Parking Gurus may also require additional information from time to time. Please note that any personal information that you provide to Parking Gurus will be subject to Parking Gurus’ data privacy policy ("Privacy Policy") which is set out on its Websites.

The Privacy Policy forms part of this Agreement. You will be asked to create a password when registering. Parking Gurus recommends that you keep your password confidential and not disclose it to any third party. If you do reveal your password to a third party, who then accesses the Websites or uses the Services, that third party will be deemed to be acting as agent for you. Parking Gurus shall not be liable for any action taken by any third party to whom you have disclosed your password. If you believe a third party has gained access to your password and is using your Account without authorization from you, you are required to notify Parking Gurus immediately and Parking Gurus may suspend or close your Account at its discretion. You must supply a valid email address when registering so that Parking Gurus can email booking confirmations and other information relating to your use of the Services. Parking Gurus shall not be liable if you fail to provide a valid email address and you do not receive a booking confirmation or other information from Parking Gurus that you might be expecting. If you become aware that you have supplied an invalid email address, you must contact Parking Gurus immediately to correct the information Parking Gurus holds about you. Parking Gurus may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space License Agreement. If Parking Gurus suspends or closes your Account you will not be able to use the Services any longer and may not be able to access all areas of the Websites.

Booking of Parking Spaces:   The Websites may allow Space Provider to list Parking Spaces in two ways: either for Instant Booking or for Booking by Agreement. If you have not already registered with Parking Gurus, you will be asked to do so at the time you book a Parking Space.

Instant Booking:    In all instances, Space Provider may make Parking Spaces available for instant booking. Where Space Provider makes a Parking Space available for instant booking, you will be able to see its availability on the Websites. If the dates you desire are available, you may select those dates and times. Once you have selected the desired dates and times Parking Gurus will request payment from you. Parking Gurus will also ask you to confirm that you accept the terms of the Parking Space License Agreement.

Booking by Agreement:   Booking by Agreement may not be available in all instances. In instances where the Websites allow Booking by Agreement, the Websites will allow you to inquire about the availability of Space Provider’s Parking Space. By making an inquiry, you will not be making a booking and you will not be under an obligation to complete a booking for that Parking Space and neither Parking Gurus nor the Space Provider is under any obligation to provide the Parking Space to you as a result of your inquiry. Parking Gurus will endeavor to send your inquiries about prospective bookings to the Space Provider and will endeavor to communicate with you automatically by email and/or by text message once the Space Provider has responded to confirm whether or not the Parking Space is available for the requested period. If the Parking Space is available, Parking Gurus will also email confirmation of the details of your inquiry, the dates or period of the booking and the Parking Space License Agreement that will apply to your use of the Parking Space and you will be invited to log-in to the Website to confirm your booking, make payment and accept the terms of the Parking Space License Agreement.

Payment and Confirmation:   Under either Instant Booking or Booking by Agreement, once Parking Gurus has received payment and you have accepted the terms of the Parking Space License Agreement, your booking will be confirmed and you will have entered into a binding agreement with the Space Provider for the use of the Space Provider’s Parking Space. Parking Gurus will send you a booking confirmation email ("Confirmation Email") which will include a contact telephone number for the Space Provider together with detailed instructions relating to the booking.

Extended Term Bookings:   You must agree to the terms of the Parking Space License Agreement and payment must be received in full before the booking is confirmed. However, in the case of any booking for more than four weeks, Parking Gurus may allow periodic payments.

Disclaimers by Parking Gurus:   Parking Gurus is not responsible for the location or condition of a Parking Space, its availability or the conduct of the Space Provider during the license period. Parking Gurus acts as agent for the Space Provider and by making a booking you are entering an agreement with the Space Provider under which the Space Provider is bound to provide you with the Parking Space, subject always to the Parking Space License Agreement. Unless stated otherwise in these Terms and Conditions, once Parking Gurus has confirmed your Booking Parking Gurus has no further obligation to you in relation to the Parking Space, your license period or your booking and all responsibility lies with the Space Provider. Parking Gurus shall have no liability to you if the Parking Space or the services of the Space Provider generally do not meet your requirements or you find them unsatisfactory in any way. Your right of action or claim in such circumstances shall be against the Space Provider, but Parking Gurus may assist (at its discretion) in seeking to resolve a dispute between you and the Space Provider in accordance with “Disputes or Complaints with Space Providers” below.

Cancellation and Termination:    Both you and the Space Provider must abide by the Cancellation Policy as stated on the Websites (the "Cancellation Policy"). Parking Gurus may modify the Cancellation Policy from time to time without your consent. In the event of a modification to the Cancellation Policy, the Cancellation Policy in effect at the time the Confirmation Email was sent to you shall apply. Parking Gurus will act as Space Provider’s agent in dealing with any cancellation. If Parking Gurus is required to process a cancellation, Parking Gurus will do so in accordance with the Cancellation Policy. If Parking Gurus has received any payments in respect of a booking before a License Period begins and such booking is subsequently cancelled by Space Provider or you and you are entitled to a refund under the Cancellation Policy, Parking Gurus shall be obligated to make refund to you only from any payments Parking Gurus is holding on Space Provider’s behalf. If Space Provider has received payments directly from you, Space Provider must make refund to you in accordance with the Cancellation Policy. If you are obligated under the Cancelation Policy to make a payment in excess of the amount you have paid, Parking Gurus may collect payment using the debit or credit card information or similar information you supplied and use that information to discharge your liability to a Space Provider for a cancelled booking.

Disputes or Complaints with Space Providers:    If you have any dispute or complaint with a Space Provider concerning Space Provider’s Parking Space, you shall attempt to resolve that dispute or complaint in the first instance by directly communicating with the Space Provider. If the dispute or complaint cannot be resolved with the Space Provider directly, before taking other action you must refer the dispute or complaint to Parking Gurus. Parking Gurus shall be allowed thirty days from the date you refer the dispute to Parking Gurus to attempt to resolve the complaint before you take any other action.

Termination:    Either party may terminate the ongoing relationship between the parties created by this Agreement prospectively at any time, but such termination shall have no effect on any outstanding bookings. Parking Gurus also may terminate the ongoing relationship between the parties created by this Agreement immediately if (a) you are in material breach of any of the terms of this Agreement; (b) you cancel a booking other than in accordance with the Cancellation Policy; or (c) any payment processed for you using any payment platform, including debit or credit cards, is rejected or otherwise fails to result in payment. In the event of such termination, the terms of this Agreement shall continue in full force and effect so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage). You may also be liable to the Space Provider (under the Parking Space License Agreement) for any reasonable associated costs, charges, damage and liability which the Space Provider incurs because of improper actions by you.

Disclaimers by Parking Gurus regarding the Websites:   If you choose to use the Websites or other services of Parking Gurus, you do so at your sole risk. You acknowledge and agree that Parking Gurus has no obligation to conduct background checks on any Space Provider. THE WEBSITES AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PARKING GURUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PARKING GURUS MAKES NO WARRANTY THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Parking Gurus makes no warranty regarding the quality of the services obtained through the Websites.

Assumption of Risk by You:    You assume all risks of communicating, dealing or interacting with the Space

Provider and of using the Websites:    You acknowledge that Parking Gurus makes no attempt to verify anything about the Space Providers or the users of the Websites. You must take all reasonable precautions in all communications and interactions with Space Providers and other users of the Websites and with other persons with whom you communicate or interact because of your use of the Websites and using the Parking Spaces and you assume all risks associated with such interactions, especially the risk of meeting in person with Space Providers.

Your liability:    You shall defend, indemnify and hold harmless Parking Gurus, its affiliates, and their respective officers, directors, managers, members, employees and agents (the "Parking Gurus Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's and accountant's fees) arising from: (i) your actions or omissions (and those of an Authorized User) in relation to the Services, the Websites, the Parking Spaces or the bookings; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any contract, intellectual property right, property, publicity or privacy right; (iv) your violation of any law, rule or regulation; or (vi) your breach of the Parking Space License Agreement. These defense and indemnification obligations shall survive any termination of the ongoing relationship between the parties created by this Agreement and your use of the Websites. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify the Parking Gurus Indemnitees.

Disclaimer & Limitation of Liability by Parking Gurus:   Parking Gurus shall not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. Parking Gurus shall not be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Websites or its services; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Websites or services or any booking with a Space Provider; (iii) any unauthorized access to or use of Parking Guru’s servers (whether owned or via contract) and/or any and all personal, institutional, technical or other information stored therein; (iv) any interruption or cessation of transmission to or from the Websites; (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Websites by any third party, or for any loss or damage of any kind incurred as a result of your use of the Websites or services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and you further agree that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing disclaimer of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The liability of Parking Gurus for all losses shall be limited to the total fees paid by you to Parking Gurus under this Agreement. Space Provider agrees that the above disclaimers and limitations of liability are reasonable in all the circumstances, especially because Parking Gurus’ Services include only the provision of the Websites and related services and responsibility for the Parking Space and fulfillment of a booking lies solely with the Space Provider for whom Parking Gurus acts only as an agent in a limited capacity.

Time Bar on Claims:   No claim shall be brought against Parking Gurus in relation to this Agreement more than twelve months following the date on which a Space User last booked a Parking Space to which such claim relates.

Governing Law:   This Agreement shall in all respects be governed by the laws of the State of Arizona, without reference to its principles of conflicts of laws.

Dispute Resolution:    Except as noted below, all disputes between the parties shall be resolved exclusively through arbitration under the rules of the American Arbitration Association, with arbitrations to be conducted in Phoenix, Arizona. The arbitrator shall apply the substantive laws in accordance with “Governing Law” above and shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. Disputes will be resolved only on an individual basis and shall not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party. The parties shall evenly split the arbitrator's fee.

Personal Jurisdiction:   Notwithstanding “Dispute Resolution” above, if any litigation is commenced between the parties, the courts, state or federal, of Arizona shall have sole and exclusive jurisdiction of any such litigation.

Injunctive Relief:    Space Provider irrevocably waives all rights to seek injunctive or other equitable relief and agrees to limit Space Provider’s claims to claims for money damages.

Protection of IP Rights:   Notwithstanding “Dispute Resolution” or “Personal Jurisdiction” above, Parking Gurus may bring an action in any court of competent jurisdiction, including the state or federal courts of the State of Arizona, to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief.

General:    You also agree to the Privacy Policy available on the Websites. Any notice to be served on either of the parties by the other may be sent by postal mail, fax or email to the address of the relevant party or such other physical or electronic address as may be provided by one party to the other. No term of the Agreement shall be enforceable by any person who is not a party to it. Parking Gurus may assign or sub-contract its obligations under this Agreement. This Agreement contains the whole agreement between the parties with respect to the subject matter hereof. Neither party has relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. Parking Gurus may amend the terms of this Agreement from time to time. Any amendments or new terms and conditions shall be provided to you only via updates to the Websites. You may terminate the ongoing relationship between the parties created by this Agreement if you do not wish to be bound by any such amendments, but by continuing to use the Websites Services you will be deemed to have accepted the new terms. If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforceability of this Agreement. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.