Privacy Policy

Welcome! By using the Parkenspot.com website (the “Site”), you agree to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”). As used in this Agreement, Parkenspot will be referred to as “Parken” or “we,” and you will be referenced as “you”. This Agreement incorporates by reference the following policies and documents also found on this Site:

Privacy Policy

Part I: General Terms and Conditions
1. Acceptance:

The following terms and conditions govern your use of the parking information, materials and documents being made available to you at this website including, to the extent applicable, the Seller Console and other tools provided for users who sell parking (“Sellers”) and the Parken API and other tools provided for users who are developers (“Developers”) (collectively, the “Materials”). By using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this Site or the Materials. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site or the Materials following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Reservation of Rights:

The Parken name, logo, all related product and service names, design marks, and slogans are the trademarks or registered trademarks of Parken. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Parken or third party trademarks or logos without the prior written consent of Parken or the applicable trademark owner.

The service provided by Parken is limited to: informing our customers of the location and apparent availability of parking, and providing customers the ability to book parking. Despite the convenience of our service, the decision to utilize the parking information remains the customer’s responsibility and they 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, Parken 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 on 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 (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not use robots or other automated means to access this Site, unless specifically permitted by Parken. 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 Parken’s prior written consent is prohibited.

3. Privacy Policy and Security:

You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated into this Agreement, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by Parken and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

Parken makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Parken will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.

4. User Comments, Feedback, and Other Submissions:

All comments, feedback, suggestions and ideas disclosed, submitted or offered to Parken in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of Parken and may be used by Parken 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. Parken is not 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.

5. Links to Other Web Sites and Services:

To the extent this Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their websites or any products or services offered on those websites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Parken does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of these outside services and resources.

6. User Accounts:

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 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. The creation of multiple accounts is a violation of this Agreement.

7. Ownership; Sublicensing:

The Site contains various information in the form of data, text, graphics, and other materials from Parken and third parties (the “Site Content”). You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content is and shall remain the property of Parken or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in or assert any rights to the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.

As between Parken and you:

Parken retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site, including, without limitation, the API, Database, Parken Content, trademarks, and any and all Parken services and any content created or derived therefrom (collectively, the “Parken IP”); and

You and, to the extent applicable, 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 those above and any other intellectual property rights owned by Parken.

There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Parken or its suppliers. You shall not take any action inconsistent with Parken’s ownership of Parken IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are non-sublicenseable, non-transferable and non-assignable.

8. Uptime:

Parken makes no guarantees with respect to the availability or uptime of the Parken Site, the API, the Parken Content, or the Database. Parken may conduct maintenance on any of the foregoing at any time with or without notice to you.

9. 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.

10. Disclaimer and Liability Limit:

The Site, the Site Content, the API, the Database, and any other materials and products on this Site are provided “AS IS” and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components contained on our Site or the server from which our Site is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, OR A COURSE OF DEALING OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE, THE PRODUCTS OR SERVICES OFFERED ON OUR SITE, RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE, OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

In accordance with applicable state law certain warranties or limitations of liability may not be excluded and therefore may not apply to you specifically. In such case our liability will be limited to the highest extent permitted by law.

11. Copyright Complaints:

If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed

A description of where the material that you claim is infringing is located on the Site

Your address, telephone number and email address

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent, please write, call or email to:
Parken,
66 Main St. Apt 607
Yonkers, USA
10701
bel20012@gmail.com

12. Governing Law:

This Agreement shall be governed by and interpreted in accordance with the laws of the Yonkers, USA, without regard to its provisions governing conflicts of law. 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. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. Arbitration Clause:

YOU AGREE IN THE EVENT OF ANY DISPUTE OR CLAIM THAT YOU MAY HAVE AGAINST PARKEN WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AS A PLAINTIFF OR CLASS MEMBER, OR CLASS WIDE ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JUDGE OR JURY. HOWEVER THIS CLAUSE WILL NOT APPLY TO CLAIMS BROUGHT BY PARKEN FOR YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, VIOLATION OF THE NON-SOLICIT CLAUSE OF THIS AGREEMENT, OR VIOLATION OF THE COUPON ABUSE CLAUSE OF THIS AGREEMENT; IN WHICH CASE WE MAY SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF IN A COURT WITH JURISDICTION.

This Arbitration Clause shall not apply to the following types of claims: 1) violation of Parken’s intellectual property rights; 2) violation of the Non-Solicit Clause of this Agreement; 3) violation of the Coupon Use Clause of this Agreement; and 4) claims that may not be subject to arbitration as a matter of law.

14. Modification:

Parken may at any time modify these Terms of Use and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

15. Miscellaneous:

The below 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 bel20012@gmail.com.

Part II: Additional Terms and Conditions Specific to Buyers

1. Booked Parking Usage:

Users who book parking through the Site (“Buyers”) must present the Parken parking pass in accordance with the instructions included with the booking to receive their reserved 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. If you arrive early or stay past you parking time you will be charged the posted rates, and not the booked rate.

Buyers are responsible for ensuring they arrive at their booked parking location. Parken is not liable for road closures or changing traffic conditions.

The parking booked is valid only for the times listed on the parking pass.

It is the customer’s responsibility to comply with any and all rules or regulations posted by garage operators. 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 (e.g., no open flames, no cooking, etc.).

Resale of Parken parking passes is not permitted.

2. Coupon Use:

Buyers are required to abide by all terms and conditions associated with Parken coupons and discounts. Accordingly, Buyers may not post codes or distribute them in any other manner as all such codes are non-transferable and are generally intended only for one-time use. Parken, in its sole discretion, may suspend your account for violation of this term. Furthermore, any continued violations may result in the immediate termination of any and all of your accounts, without notice. Parken reserves the right to seek any and all legal remedies available to us, both at law and in equity; including, but not limited to, monetary damages or injunctive relief.

If you have a coupon that automatically applies to any booking on your account, it can only be used when you are signed into that account and will not be applied to any bookings made under a guest account. Additionally, any credits you may receive, for any reason, can only be used when you are logged into your account and will not be transferred to another user’s account or booking made from a different account.

3. Cancellations and Refunds:

Parking booked through Parkenspot.com is fully refundable up to the start of the reservation unless noted otherwise. Parking customers can cancel their booking for any reason before this time. If the parking garage operator or owner cannot fulfill the parking space or false information about the parking is provided, Parken will hold the operator or owner liable to reimburse Buyer.

Sellers will not be charged any fees for canceled bookings.

After the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.

4. 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.

5. Pricing and Lowest Price Guarantee:

All parking prices on Parkenspot.com are set directly by the parking garage owner or operator, not Parken.

6. Bulk Reservation Purchase Requests:

    By completing and submitting the Bulk Purchases Request you acknowledge and agree to be bound to these additional terms and conditions:

  • Parken will be selecting and purchasing parking reservations on your behalf
  • You agree to allow Parken to charge your credit card that is on file on the date of the reservation
  • Parken will use its best efforts to accommodate your exact request as submitted; however, there is no guarantee that Parken will be able to fulfill your request as made
  • When fulfilling a Bulk Reservation Request, Parken will default to select a parking facility that is closest to your requested destination
  • Parken will use its best efforts to minimize all costs associated with the reservation and charged to your credit card

    You understand that requests may be fulfilled at multiple parking facilities based on varying factors including but not limited to

  • The number of parking spaces you need reserved
  • The destination
  • The size of the parking facilities; and
  • The availability of parking space
  • You also understand that all parking spaces may not be next to each other within any given facility and that only a space is being reserved not a location within the facility
  • Parken will contact you should any issues arise in fulfilling your request
  • Once a request is fulfilled it is your sole responsibility to contact Parken should any changes or cancellations need to be made.

Part III: Additional Terms and Conditions Specific to Sellers

1. Order of Precedence:

In the event that a Seller has entered into a separate written Seller Agreement with Parken and such Seller Agreement includes terms or conditions that conflict with the terms and conditions in this Part III, the terms and conditions of the Seller Agreement shall govern.

2. Non-Solicit:

Each party shall not, and shall cause its affiliates not to, during the term of the Agreement and for two (2) years after the termination of the Agreement, directly or indirectly, on your own behalf or on the behalf of a third party, solicit or employ any employee of the other party or its affiliates without written consent of the other party; provided that, neither party shall be precluded from hiring any person who responds to a general solicitation or advertisement not targeted specifically at employees of the other party or its affiliates.

You agree that violation of this section will result in irreparable harm to Parken and that monetary damages will be inadequate to compensate Parken for such violation. Thus Parken shall be entitled to seek equitable relief, including but not limited to specific performance or injunctive relief to enforce this section. Parken reserves the right to seek any and all other remedies available at law or in equity for violation of this section.

3. Seller Console:

    Subject to the terms and conditions of these Terms of Use, Parken hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Seller Console and the information Parken provides or makes available to you in connection therewith, solely for internal business purposes. You will not and will not permit any third party to make any use or disclosure of the Seller Console that is not expressly permitted under this Agreement. Without limiting the foregoing, you will not and will not permit any third party to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, algorithms, file formats, or interface protocols of the Seller Console or of any files contained in or generated by the Seller Console
  • Copy, modify, adapt, or translate the Seller Console
  • Resell, distribute or sublicense the Seller Console, make the Seller Console available on a “service bureau” basis, or otherwise allow any third party to use or access the Seller Console
  • Remove or modify any proprietary marking or restrictive legends placed on the Seller Console; or
  • Use the Seller Console in violation of any applicable law or regulation.

As between Parken and you, Parken retains title to and ownership of the Seller Console, including all copyrights and other intellectual property rights relating thereto. You will have no rights with respect to the Seller Console other than those expressly granted under this Agreement.

4. Fulfillment:

By listing parking for booking on Parken, the Seller agrees to honor any parking sold. All information provided in the Parken listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, Parken will hold the Seller liable to reimburse the Buyer for their expense. If Seller continues to have issues with fulfillment Parken reserves the right to suspend or terminate Seller’s account until which time fulfillment is no longer an issue.

Note: It is illegal to sell parking that you do not own or have the authority to sell, including but not limited to street parking. Any violations of this law will result in the immediate termination of your Parken account. Parken reserves the right to request proof of your ownership of parking or authority to sell parking in a particular location.

5. Payment:

Parken guarantees payment to the Seller for all bookings fulfilled by the Seller. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller’s request which will be processed in no more than 10 business days.

6. Taxes:

You accept exclusive responsibility for filing and paying all relevant and applicable local, state, and federal taxes. Parken shall have no obligation to collect or remit any taxes on your behalf. You shall indemnify Parken from and against any costs, claims, and other liability incurred as a result of your failure to comply with your obligations under this clause.

7. Contact Information:

The Buyer’s name and contact information is provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose. This information is to be considered confidential information belonging to Parken and is not be shared with any third party, for any reason without prior written consent of Parken.

Sellers must submit a phone number for each parking location they list on Parken. 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.

8. Making Adjustments:

    Sellers authorize us to withhold payment or charge their credit card account any amount owed to Parken if:

  • A sale is cancelled for any reason;
  • An adjustment is made under our Parken Guarantee;
  • Reasonably believe that a Seller has committed fraud or other illegal acts or omissions during any buying or selling activity; or
  • Seller provides incorrect or misrepresented parking and/ or parking related services for any booking or portion thereof.
9. Parken Fulfillment Dispute Resolution:

The Parken Fulfillment Dispute Resolution strives to provide Buyers the protection and motivation to book their parking at Parkenspot.com. Thus, we require Sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking. Sellers permit us to make a final decision, on any claim that a Buyer files with Parken under the policy. 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 Parken fees for the booking 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 Seller for any reimbursements made under the policy. In addition, we reserve the right to charge a $15 fee to cover

chargebacks and other associated bank charges. Parken maintains the right to suspend or terminate a Seller’s account if we suspect abuse or continuous account violations.

10. Grant of License:

You grant Parken 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 Parken in connection with your use of Parken and its Services. You agree that Parken 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 Parken user) in conjunction with Parken’s marketing, promotion and publicity efforts in any media known now or in the future.

11. Indemnity:

You agree to indemnify and hold Parken and (if applicable) any parents, subsidiaries, affiliates, officers, directors, attorneys, agents, and employees; harmless against any claim or demand for all liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) incurred by Parken and (if applicable) any parents, subsidiaries, affiliates, officers, directors, attorneys, agents, 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, your violation of any law, or the rights of a third party.

Last modified on March 12, 2018.