Reservation of Rights
The ParkWhiz name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of ParkWhiz, Inc. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any ParkWhiz or third party trademarks or logos without the prior written consent of ParkWhiz or the applicable trademark owner.
The service provided by ParkWhiz is limited to: informing our customers, of the location and apparent availability of parking. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, ParkWhiz does not:
- Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting in our behalf;
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers;
- Warrant that the Internet, our website or any email from us is free of 'viruses' or other potentially harmful effects;
- Endorse the use of cell-phones while driving;
- Guarantee the availability of a specific parking spot in the location you selected;
- Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
This Site is intended for personal, noncommercial use. You may not use robots or other automated means to access this Site, unless specifically permitted by ParkWhiz. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without ParkWhiz's prior written consent is prohibited.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of ParkWhiz, Inc. and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
In order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
Buyers must present the ParkWhiz parking pass in accordance with the instructions included with the reservation to receive their guaranteed parking space on the day of reservation. If the Buyer does not present the parking pass to the Seller, the driver will not get credit for their online payment and this online payment will not be refunded at a later date.
Buyers are responsible for ensuring they arrive at their reserved parking location. ParkWhiz is not liable for road closures or changing traffic conditions.
The parking reservation is valid only for the times listed on the parking pass.
If a parking facility allows tailgating on its premises, it is the customer's responsibility to comply and check any local city ordinance codes on what is permissible (i.e. no open flames, no cooking, etc.).
Resale of ParkWhiz parking passes is not permitted.
Cancellations and Refunds
ParkWhiz reservations purchased through ParkWhiz.com are fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Parking customers can cancel their reservation for any reason before this time. Cancellations must be submitted to the ParkWhiz.com website, and are not accepted via phone or email. ParkWhiz reservations purchased on partner websites are not refundable for any reason.
Sellers will not be charged any fees for canceled reservations.
After 24 hours prior to the start of the parking reservation, all reservations are non-refundable, even if the Buyer was unable to use the parking reservation.
Event Cancellations and Contingent Events
Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.
Pricing and Lowest Price Guarantee
All parking prices on ParkWhiz.com are set directly by the parking owner, not ParkWhiz.
Parking advertised on ParkWhiz.com as "Lowest Price Guaranteed" is guaranteed to be the cheapest parking rate available for that specific time and parking location. Parking rates not advertised as "Lowest Price Guaranteed" may differ from the drive-up rates, if available.
By listing parking for reservation on ParkWhiz, the Seller agrees to honor any parking reservations sold. All information provided in the ParkWhiz listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, ParkWhiz will hold the Seller liable to reimburse the Buyer for their expense.
While actively listing with ParkWhiz, Seller agrees not to list parking for reservation online through any additional third parties.
Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your ParkWhiz account. ParkWhiz maintains the right to request proof of ownership to verify your authority to sell parking at a particular location.
ParkWhiz guarantees payment to the Seller for all reservations fulfilled by the Seller. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller's request, and will be processed in no more than 10 business days.
Sellers agree that ParkWhiz is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. Sellers indemnify and hold ParkWhiz and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by ParkWhiz that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of ParkWhiz.
The Buyer name and contact information is provided to Sellers for the sole purpose of ensuring the parking reservation is fulfilled and may not be used by the Seller for any other purpose.
Sellers must submit a phone number for each parking location they list on ParkWhiz. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller's expense if this number is not answered during the parking reservation period.
Sellers authorize us to withhold payment or charge their credit card account any amount owed to ParkWhiz if (a) a sale is cancelled for any reason; (b) an adjustment is made under our ParkWhiz Guarantee; (c) we reasonably believe that a Seller has committed fraud or other illegal act or omission during any buying or selling activity; (d) Seller provides incorrect or misrepresented parking and/or parking related services for any reservation or portion of a reservation.
Minimum Advertised Price
Sellers remain free to simultaneously list inventory for reservation via their own online properties, but prices may not fall below those specified on ParkWhiz.com. Should a seller breach the Minimum Advertised Price policy, ParkWhiz reserves the right to match the lower rate without approval.
The ParkWhiz Guarantee provides Buyers the protection and motivation to reserve their parking at ParkWhiz.com. Thus, we require ParkWhiz sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking as per the terms of the ParkWhiz Guarantee. Sellers permit us to make a final decision, in our sole discretion, on any claim that a Buyer files with ParkWhiz under the ParkWhiz Guarantee. If we resolve a dispute in the Buyer's favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. Any ParkWhiz fees for the reservation will be refunded to the Seller. A warning notice will also be sent to the Seller.
For future claims where the Seller is found at fault after a warning has been issued, we will notify the Seller and continue to charge the sellers for any reimbursements made under the ParkWhiz Guarantee, plus a $15 fee will be assessed to cover chargebacks and other associated bank charges. ParkWhiz maintains the right to suspend or terminate a Seller's account if we suspect abuse or continuous account violations.
Grant of License
You grant ParkWhiz a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to ParkWhiz in connection with your use of ParkWhiz and its Services. You agree that ParkWhiz shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a ParkWhiz user) in connection with the content in conjunction with ParkWhiz's marketing, promotion and publicity efforts in any media known now or in the future.
You agree to indemnify and hold ParkWhiz and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by ParkWhiz and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
API and Developer Programs
This ParkWhiz Developer API License Agreement including all documents, agreements and policies that are incorporated into the Agreement by reference and all materials contained on the Developer Site or provided to you by us (collectively, the "Agreement"), describes the terms under which ParkWhiz, Inc. ("ParkWhiz") offers you a license to use the ParkWhiz Application Programming Interface in the form provided by ParkWhiz (the "API"). If you are not willing to accept any of the terms of this Agreement, you may not use the ParkWhiz API.
Subject to the terms and conditions of this Agreement, ParkWhiz hereby grants you a non-exclusive, non-transferable, non-sublicenseable license to use the API and the information ParkWhiz provides or makes available to you (the "ParkWhiz Content") solely in accordance with this Agreement. You may do the following under this Agreement:
- Enable the software application that you develop, own and operate (your "Application") to interact with the ParkWhiz public database (the "Database") and retrieve therefrom information necessary to facilitate the use of www.ParkWhiz.com and all other web sites that are owned or operated by ParkWhiz (collectively, the "ParkWhiz Site") by third parties through your Application in accordance with this Agreement (the "Permitted Use");
- Make limited intermediate copies of the ParkWhiz Content only as necessary to perform an activity permitted under this Agreement; and
- Display ParkWhiz Content in accordance with this Agreement (including all materials provided to you by ParkWhiz or contained on the Developer Site).
You may engage in the activities permitted above solely for the Permitted Use.
ParkWhiz shall provide you with confidential security keys and related passwords, if necessary (collectively, the "Client ID") that will permit you to access the Database. The Client ID is the property of ParkWhiz and may be immediately revoked or terminated by ParkWhiz if you share the same with any third party, if compromised by a third party or if you use or access the API, ParkWhiz Content or the Database in any way not expressly permitted under this Agreement. ParkWhiz reserves the right to modify, change, update and/or enhance the API, permitted API calls, the Database, the Permitted Use and/or the ParkWhiz Site (each a "Modification") at any time with or without notice to you in ParkWhiz's sole and exclusive discretion. You acknowledge and agree that such Modifications may affect your Application and/or your site and may require you to make changes to your Application and/or your site at your cost to enable your Application and/or your site to continue to be compatible with, and/or interface with, the API, Database or the ParkWhiz Site. Without limiting the "Disclaimer of Other Warranties and Limitation of Liability" section below, ParkWhiz shall not be liable for any costs incurred by you, lost profits or damages of any kind arising out of or in connection with any Modification.
General License Conditions and Restrictions
Your use of the ParkWhiz API is subject to the following conditions:
- You shall not use the API, the Database or the ParkWhiz Content in any way not expressly permitted or granted under this Agreement;
- During the term of this Agreement and following its expiration or early termination, you shall not use (or facilitate use of) any alternative means such as robots, spyders, scraping or other technology to access, query or use the ParkWhiz Site, the Database or ParkWhiz Content to obtain any information, other than as provided by ParkWhiz to you pursuant to this Agreement;
- You shall not distribute, publish, facilitate, enable or allow access or linking to the ParkWhiz Content or Database from any location or source other than through your Application;
- You shall not provide ParkWhiz Content to any third parties not expressly authorized by this Agreement and you shall not permit or enable third parties to copy or obtain ParkWhiz Content from your Application or your site in any unauthorized manner including, but not limited to, the use of using robots, spyders, scraping or any other technology;
- You shall not collect personally identifiable information of any user of the ParkWhiz Site through your Application;
- You shall not modify, decompile or otherwise alter the API or the Database;
- You shall not commercialize (i.e., sell, rent or lease), copy, store or cache the ParkWhiz Content, other than for the intermediate purposes allowed by this Agreement;
- Your Application and your use of the API, ParkWhiz Content and Database shall not: (i) be false, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination or false advertising); (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (vi) create liability for us or cause us to lose (in whole or in part) the services of any internet service provider or other suppliers; and
You shall be responsible for all costs you incur in association with any required approval of your Application and any modifications necessary to meet the approval criteria and you will not be permitted to publicly display your Application until approval is complete.
Display of ParkWhiz Content
You may only display the ParkWhiz Content in accordance with the guidelines set forth herein (including those provided to you by ParkWhiz or contained in the Developer Site).
Display of Logo
ParkWhiz hereby grants you a non-exclusive license to display the ParkWhiz Logo as described herein (including those provided to you by ParkWhiz or contained in the Developer Site). Notwithstanding anything to the contrary herein, ParkWhiz shall retain final approval over the placement of each such ParkWhiz Logo on your Application and your site, which such approval may be withdrawn or withheld in ParkWhiz's sole discretion.
As between ParkWhiz and you: (i) ParkWhiz retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the API, Database, ParkWhiz Content, ParkWhiz Site, and any and all ParkWhiz services and any content created or derived therefrom; and (ii) you and your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by ParkWhiz. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by ParkWhiz or its suppliers. You shall not take any action inconsistent with ParkWhiz's ownership of the API, Database, and/or ParkWhiz Content. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.
Competitive or Similar Materials
In no event shall ParkWhiz be precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing or developing for third parties, as well as marketing and/or distributing, materials which are competitive with your Application and/or other products or services provided by you (collectively, "Products"), irrespective of their similarity to current Products or Products that you may develop hereafter.
ParkWhiz makes no guarantees with respect to the availability or uptime of the ParkWhiz Site, the API, the ParkWhiz Content or the Database. ParkWhiz may conduct maintenance on any of the foregoing at any time with or without notice to you.
API Call Limitations
The number of API calls you will be permitted to make during any given time period will be limited as described in the materials provided to you by ParkWhiz or on the Developer Site. ParkWhiz will determine, in its sole and exclusive discretion, such API call limit (the "Call Limitation") based on various factors selected by ParkWhiz. Such factors may include, without limitation, the ways in which your Application may be used and/or the anticipated volume of usage associated with your Application. ParkWhiz may, in its sole and exclusive discretion, suspend your access to the API with or without notice to you in the event you exceed the Call Limitation.
Security and Stability
You acknowledge that it is in the best interests of both parties that ParkWhiz maintain a secure and stable environment, to that end, ParkWhiz reserves the right to change the method of access to the API, the Database and/or ParkWhiz Content at any time. You also agree that, in the event of degradation or instability of ParkWhiz's system or an emergency, ParkWhiz may, in its sole discretion, temporarily suspend your access to the API, Database and/or ParkWhiz Content under this Agreement. Your continued access to the API, Database and ParkWhiz Content is subject to your compliance with the following security standards:
- You agree to maintain reasonable safeguards to protect the security of all information provided to you by ParkWhiz and to use such information only as intended under this Agreement.
- You agree to adhere at all times to reasonable security practices, as specified in current industry literature on topics relevant to your interaction with ParkWhiz.
- You agree to immediately notify ParkWhiz in writing upon your discovery a breach of security of your facility, systems or site where ParkWhiz Content or data relating to any use of the ParkWhiz Site has been acquired by an unauthorized person.
In addition to the foregoing, you agree that ParkWhiz may monitor your use of the API, your Application and the ParkWhiz content in order to ensure that all such use is proper and intended primarily to direct customers to the ParkWhiz site for legitimate purposes.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Copyright (c) 2013, ParkWhiz, Inc. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of ParkWhiz or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of ParkWhiz and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
Waiver of Consequential Damages; Liability Limit. ParkWhiz expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. ParkWhiz's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking reservations and other items you bought and/or sold via ParkWhiz in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Chicago, Illinois, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Chicago, Illinois, U.S.A.
ParkWhiz, Inc. may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at email@example.com.
Last modified on January 4, 2012.