PARKPRO TERMS OF SERVICE

1. Acceptance of Terms.
2. Description of Service.
3. Obligations of Hosts.
4. Obligations of Carriers.
5. Role of ParkPro.
6. Rules of Behavior.
7. Content.
8. Copyright Policy.
9. Other Intellectual Property Claims.
10. Links.
11. No Resale of Service.
12. Modification or Termination of the Service.
13. Privacy Policy.
14. Account Registration.
15. Terms Specific to Hosts.
16. Terms Specific to Carriers and Guests.
17. Practices Regarding Use and Storage.
18. Responsibilities.
19. Assumption of Risk.
20. Fees.
21. Payment Terms.
22. Parking Reservation Cancellation Policy.
23. Modification of Reservations.
24. Intended Audience and Restricted Parties.
25. Use of Services and Platform.
26. Compliance With Laws.
27. Insurance.
28. ParkPro Intellectual Property.
29. No Co-Branding or Framing.
30. Disclaimer of Warranties.
31. Limitation of Liability.
32. Indemnity.
33. Special Admonition for Services Relating to Financial Matters.
34. Personally Identifiable Information.
35. Disclosures Required by Law.
36. Applicable Law, Jurisdiction, and Venue.
37. Severability.
38. Waiver.
39. Assignment.
40. Termination.
41. Relationship of the Parties.
42. No Third-Party Beneficiaries.
43. Entire Agreement.
44. Headings.
45. Contact Information.

1. Acceptance of Terms.

ParkPro USA, LLC (a Florida limited liability company) [collectively, “ParkPro,” “we,” “us,” or “our”] provides the PARKPRO™ digital parking reservation platform, and welcomes you to our online service [the “Service”]. By using or registering to use the Service and our websites, applications, and other offerings [collectively, the “Platform” or “Digital Parking Reservation Platform”], you agree to the following Terms of Service [the “Terms” or this “Agreement”] and acknowledge that you understand and accept your role and responsibilities set forth in these Terms.

WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THESE TERMS IN OUR SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE SERVICE OR THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://park.pro/.

When using the Service and the Platform, you shall be subject to any posted policies, guidelines, or rules applicable thereto. All such policies, guidelines, and rules are hereby incorporated by reference into the Terms.

IF YOU DO NOT AGREE TO THE CURRENT TERMS, PLEASE DO NOT USE THE SERVICE OR THE PLATFORM, SINCE YOUR USE OF THE SERVICE OR THE PLATFORM CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR THEIR USE.

2. Description of Service.

ParkPro makes available in its Digital Parking Reservation Platform a collection of resources to its users as the Service. The Service and the Platform enable registered users [“members”] to create, publish, or upload Content (as defined in Section 7) and to offer, search for, and book services, including services to connect stadiums, coliseums, arenas, civic and conference centers, and other venues with available parking facilities with professional drivers and their employers. Non-registered users may also be able to review certain limited information that may be made available from time to time in the Platform.

The Service and the Platform assist trucking companies [individually and collectively, “Driver Entity,” “Driver Entities,” “Carrier,” or “Carriers”] and individual adult commercial truck drivers who possess valid commercial drivers’ licenses and insurance [individually and collectively, “Driver,” “Drivers,” “Carrier,” or “Carriers”] to identify, locate, and reserve parking spaces for temporary use by Drivers during the regular course of Carrier driving operations. Property owners or other entities or individuals who own or control the use of parking spaces suitable for commercial vehicles [individually and collectively, “Owner,” “Owners,” or “Hosts”] may publish and offer their parking spaces and associated services to Drivers on the Platform [each publication and offering a “Listing” and collectively “Listings”]. Carriers may then book reservations for guests [individually and collectively, “Guest” or “Guests”] to access and utilize parking spaces and services on any terms and conditions required by Hosts [each, a “Reservation”]. We do not own, control, offer, or manage any Listings or services offered by Hosts. We are not and will not be a party to any agreements between Hosts and Carriers, whether with respect to Reservations or otherwise. We are not a real estate broker, travel agency, or insurer, nor do we act as an agent in any capacity for Hosts or Carriers.

THE SERVICE AND THE PLATFORM ARE PROVIDED “AS IS” AND WE ASSUME NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, WE PROVIDE INFORMATION WITHOUT WARRANTY OF ANY KIND AND, AS SUCH, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features that augment or enhance the Service or the Platform, including without limitation the release of new website or mobile application properties, are subject to the then current Terms.

All users must abide by the Terms. If a user fails to follow any of the guidelines or rules of behavior, we can discontinue their ability to use the Service and the Platform at any time. In addition, we have the right to delete any piece of content, and provide comment on any topic or profile we find objectionable in our reasonable discretion.

You may only use the Service and the Platform for purposes expressly permitted by the Terms. As a condition of your use of the Service and the Platform, you represent, warrant, and agree that you will not use the Service or the Platform for any purpose that is unlawful, offensive, or prohibited by these Terms.

You alone are totally responsible for any activity that takes place on the Platform under your name and password. If you become aware of any unauthorized use of your username or password, it is your responsibility to notify us immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from us, such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Service and the Platform, you also understand and agree that the Service and the Platform will include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service or the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service or the Platform.

You understand that you are responsible for obtaining access to the Service and the Platform and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS, VIEW, OR USE THE SERVICE OR THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THE SERVICE OR THE PLATFORM FOR ANY PURPOSE AS THEY ARE NOT INTENDED FOR USE BY CHILDREN.

3. Obligations of Hosts.

In addition to other obligations set forth in these Terms, every Host must: (A) maintain each parking space in a good condition as described in the Listing and suitable for commercial truck parking; (B) ensure that each parking space is available as advertised in the Listing; (C) maintain proper insurance and liability coverage as set forth in these Terms; (D) provide timely assistance to Carriers if issues arise during a Reservation; (E) update the availability of Listings in real-time to avoid double bookings; and (F) mark Listings as unavailable during maintenance or other periods when parking spots are not available for use. Hosts alone are responsible for complying with all laws, rules, and regulations that apply to their Listings, and obtaining any required licenses, permits, or registrations.

You represent and warrant that any Listing you post and the booking of or a guest’s stay at a Reservation will: (i) not breach any agreements with third parties; and (ii) comply with all applicable laws (including zoning laws), rules, and regulations (including having all required permits, licenses, and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who act on your behalf or at your request or invitation with respect to each Reservation, excluding Guests.

4. Obligations of Carriers.

In addition to other obligations set forth in these Terms, every Carrier must: (A) use the parking spaces and any other common areas or accommodations provided by Hosts as intended and follow any specific rules set by the Host; (B) adhere to these Terms, including payment obligations; and (C) comply with all applicable laws and regulations.

5. Role of ParkPro.

We provide and maintain the Digital Parking Reservation Platform and the Service, and may provide customer support to assist in facilitating connections between Hosts and Carriers, payment processing, and resolution of any disputes between Hosts and Carriers regarding Reservations.

6. Rules of Behavior.

• You are solely responsible for your own communications and Content, including any data, images, graphics, text, audio, video, email, links, and screen names that you post to the Platform. You agree to use the Service and the Platform to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not infringe, misappropriate, or otherwise violate the privacy or publicity rights, trademarks, copyrights, or other intellectual property rights of others.
• You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You must not post, upload, or link to: (a) anything that promotes or distributes pyramid schemes or chain letters; or (b) other disruptive, illegal, fraudulent, or immoral communications of any kind.
• You must not post, upload, or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information that in any way could cause damage, injury, or harm of any kind.
• You must not post, upload, or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, email addresses, or health or financial information of any kind, without the users’ prior express consent in each instance.
• You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services), or solicits funds, advertisers, or sponsors for any purpose.
• You must not post, upload, or link to anything that infringes, misappropriates, or otherwise violates any patent, trademark, copyright, trade secret, privacy right, publicity right, or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You must not impersonate another person, group of people, or entity at any time, which includes not using anyone else’s username or password.
• You must not use the Service or the Platform for any illegal, immoral, or unauthorized purpose.
• You must abide by all applicable laws, including federal, state, and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content, including without limitation the exportation of data to the United States or another country.
• You cannot modify, edit, or delete any Content and communications of ParkPro or of other individuals other than your own Content.
• You must not transmit any viruses, worms, defects, Trojan Horses, or any items or computer code, files, or programs of a destructive nature or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots, or other information gathering computer programs or routines or their equivalents on or in the Service or the Platform.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to engage in real-time activities through the Platform.
• You must not interfere with or disrupt the Service, the Platform, or servers or networks connected with the Service or Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service or the Platform.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted Content is endorsed by us or any affiliate of ParkPro.
• You must not retrieve, store, or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 18 years of age).
• You must not engage in any “spamming” of any kind, including without limitation ad spamming.
• You cannot use our name or trademarks or related trade names, which you acknowledge here to be valid, subsisting, and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that we are associated with, or endorse, or are in any way connected with you, your business, or your Content.

WHILE WE EXPLICITLY PROHIBIT CERTAIN CONDUCT REFERENCED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY US IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF THE SERVICE AND THE PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.

7. Content.

As a user of the Service or the Platform, you may be able to upload and post a great variety of materials and information, including but not limited to messages, text, audio, video, photographs, graphics, and other materials [“Content”]. This means that you have sole responsibility, not ParkPro, for all of the Content that you upload, post, email, transmit, or otherwise make available through the Service or the Platform, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content and all applicable laws. Any Content that you write, post, upload, or link to on the Platform is entirely your responsibility.

ParkPro shall have no liability of any kind with respect to any Content posted by you or other users of the Service or the Platform. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you rely at your own risk on any Content created by third parties or otherwise created, distributed, or displayed on any part of the Service or Platform and should conduct your own reasonable due diligence. We do not control or monitor all of the Content posted via the Service and, as such, do not guarantee the accuracy, integrity, or quality of such Content.

The Content created by you must be owned by you or you must have been granted all necessary prior permission to use such Content by its owner. You are solely responsible for all Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available on or through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in and to such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission, or transmittal of the Content or our use of the Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate, or violate a third party’s trademark, copyright, patent, trade secret, rights of privacy or publicity, moral rights, or other proprietary or intellectual property rights, breach any license or other agreement, or result in the violation of any applicable law or regulation.

You will not post, upload, publish, submit, or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates the Terms. We may, without prior notice, remove or disable access to any Content that we find to be in violation of applicable law, these Terms, or our then-current policies or standards, or otherwise may be harmful or objectionable to us, our members or other users of the Platform, third parties, or property.

You hereby grant to us a nonexclusive, worldwide, royalty-free, perpetual (or for the term of protection), irrevocable, sub-licensable, and transferable license to the Content to access, use, store, copy, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, stream, broadcast, distribute, perform, display, and otherwise exploit in any manner such Content to provide and promote the Platform in any media, technology, or platform. Unless you provide specific consent, we do not claim ownership rights in any Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. You agree that we will not be bound to treat any Content as confidential and may use any Content in our business (including without limitation, for products, services, marketing, and advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ParkPro operations or businesses.

Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. We shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless, defend, and indemnify us with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. We will not arbitrate, mediate, or resolve any intellectual property or other disputes between users, and have no responsibility for doing the same other than as may be specifically required by law.

You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right, but not the obligation, in our sole discretion to pre-screen, refuse, move, edit, or delete any Content that violates these Terms or is otherwise objectionable as determined by us in our sole discretion.

We may preserve and store your account information and Content if we believe in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property, or personal safety of ParkPro, users of the Service or the Platform, and the public.

8. Copyright Policy.

A. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will plan to respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site [the “Website”] infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) [the “DMCA”], the written notice [the “DMCA Notice”] must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent [“Copyright Agent”] to receive DMCA Notices and Counter-Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney fees) under Section 512(f) of the DMCA.

B. Counter-Notification Procedures

If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us [“Counter-Notice”] by submitting written notification to our Copyright Agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney fees) under Section 512(f) of the DMCA.

C. Repeat Infringers

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

9. Other Intellectual Property Claims.

We respect the intellectual property rights of others, and we request that our users do the same. In certain circumstances and at our discretion, we may, but are not obligated to, disable, suspend, and terminate the accounts of members who may be infringing, misappropriating, or otherwise violating the rights of others or applicable laws. Other than copyright claims reported to us in accordance with Section 5 of these Terms, if you believe that your intellectual property rights have been violated, please contact us and our Copyright Agent as soon as practically possible with the following information in writing [the “IP Notice”]:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest.
• Identification of the intellectual property that you believe to have been infringed and the owner of such intellectual property.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, email address).
• A statement that you have a good faith belief that the disputed use has not been authorized by the intellectual property owner, its agent or licensee, or the law.
• A statement, under penalty of perjury, that the above information is accurate and that you are the intellectual property holder or are authorized to act on behalf of the holder.

10. Third-Party Links.

The Service, the Platform, or third parties (including registered members) may provide links to other websites or resources, which are not maintained by or related to us, and are subject to different terms, conditions, and privacy practices. Links to such sites are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with us. We have no control over these sites and their content, and make no representations or warranties about the content, completeness, quality, or accuracy of the links, materials, or information contained in any such websites. Therefore, you acknowledge and agree that we are not responsible for the availability of such links, resources, and content, and do not endorse, and are not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods, or services offered through these links or any failures or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF WE REQUEST YOU DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, WE MAY DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.

11. No Resale of Service.

You agree not to, without our express prior written consent in each instance, reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service, the Platform, or content or other information or materials of any kind that you do not own.

You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe, misappropriate, or otherwise violate any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to the Service or the Platform.

12. Modification or Termination of the Service.

We reserve the right in our sole discretion at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or the Platform (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for the consequences of any modification, suspension, or discontinuance of the Service or the Platform.

In the event of any such modification, discontinuation, or termination of the Service or the Platform (or any part thereof), you acknowledge and agree that any virtual goods, virtual currency, or other digital assets that you may have purchased, obtained through your use of the Service or the Platform, or otherwise acquired, may be reduced in value or completely eliminated, and that we will not be liable to you or any third party in any manner as a result of such reduction or elimination of value of such digital assets.

13. Privacy Policy.

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service or the Platform, you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://park.pro/privacy. You agree that your use of the Service and the Platform is subject to the Privacy Policy, and therefore agree that you will not use the Service or the Platform unless and until you review the Privacy Policy and agree with its terms in its entirety.

14. Account Registration.

In order to use certain aspects of the Service and the Platform, you are required to register. Members are subject to the following specific terms, in addition to all of the other provisions of these Terms:

• In consideration of your use of the Service or the Platform, you represent that you are at least eighteen (18) years old and of legal age to form a binding contract, and are not a person barred from receiving the Services or using the Platform under the laws of the United States or other applicable jurisdiction.
• You agree to provide true, accurate, current, and complete information, both during the registration process and in all other aspects of your use of the Service and the Platform. If you provide any information that is untrue, incomplete, not current, or inaccurate, we have the right to suspend or terminate your account and refuse your current or future use of the Service and the Platform (or any portion thereof).
• You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated username, and access to the Service. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the Terms or other policies, guidelines, or rules (including without limitation the Privacy Policy); (ii) extended periods of inactivity; (iii) your engagement in fraudulent or illegal activity; (iv) your infringement, misappropriation, or other violation of intellectual property rights; (v) unexpected technical or security issues; and (vi) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that we will not be liable to you or any third party for any termination or deletion of your account, password, username, Content, or access to the Service or the Platform.
• You agree that your account is nontransferable and any rights to your account, password, username, and any virtual goods, virtual currency, or other digital assets terminate upon your death or disability or termination of your account for any reason.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.

15. Terms Specific to Hosts.

Hosts may use the Service and the Platform to list their Listings for parking spaces located on their owned or leased properties. When a Host agrees to a reservation with a Carrier, the Host enters into a contract directly with the Carrier under the terms and conditions and at the price specified in the Listing. When a Host posts a Listing, the Host agrees to pay, without exception, all applicable fees charged by us (including any applicable taxes) for each Reservation. Any terms and conditions between Hosts and Carriers must be consistent with the terms and conditions in these Terms and the information provided in a Listing, and must be prominently disclosed in a Listing. Hosts shall be independent from ParkPro in all respects, and shall not be employees, agents, joint venturers, or partners of ParkPro. Hosts shall be responsible for determining and fulfilling their obligations under applicable laws to report, collect, remit, or include in their prices any applicable taxes. We may be required by law in certain jurisdictions to collect or report certain tax information about you, or withhold taxes from you, or both, and you will provide all requested documentation to us. If a Carrier cancels a Reservation, the amount paid to the Host shall be determined exclusively by the cancellation policy that applies to that Reservation. Hosts shall not cancel Reservations without a valid reason. If a Host cancels a Reservation, we may impose a cancellation fee or other consequences, including termination of this Agreement. Hosts acknowledge and agree that Carriers shall not be liable to Hosts for normal wear and tear to parking spaces caused by use of parking spaces for Reservations.

16. Terms Specific to Carriers and Guests.

Carriers may search for Listings on the Platform. Search results for Listings will depend on the criteria entered by Carriers (e.g., date, location, etc.). When a Carrier books a Reservation, the Carrier agrees to pay, without exception, all applicable fees, including the price of the Reservation, fees charged by the Host, and all applicable fees charged by ParkPro. Carriers will be subject to all terms and conditions in these Terms as well as any terms and conditions required by Hosts in connection with the Reservation, including without limitation, a cancellation policy and other rules, standards, policies, or other requirements. Every Carrier shall have full responsibility to read and understand all terms and conditions, rules, standards, policies, and requirements prior to booking a Listing. Any cancellation of a Reservation by a Carrier shall be subject to the Host’s cancellation policy. Carriers and Guests acknowledge that they make Reservations and utilize Accommodations at their own risk, that they are responsible for their own security, and that Hosts shall not be liable to Carriers or Guests for any: (a) damage to any property (including but not limited to trucks, vehicles, or equipment) of Carriers or Guests in connection with the Reservations or use of Accommodations; or (b) personal injuries to Carriers, Guests, or employees, personnel, passengers, guests, invitees, agents, or independent contractors of Carriers or Guests in connection with the Reservations or use of Accommodations.

Carriers understand that a confirmed booking of a Reservation is a limited license granted to Carriers by the Host to enter, occupy, and use the parking spot, routes of ingress and egress, and any common area or other accommodations that Hosts in their sole discretion may provide in the Reservation [collectively, “Accommodation”] for the permitted purpose and duration of the Carrier’s Reservation, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the terms of the Carrier’s agreement with the Host. Carriers may not sublicense or otherwise allow any portion of the Accommodation to be occupied or used by any other person or entity without the consent of Host, whose may be withheld in Host’s sole discretion. These Terms and the Reservation shall not be construed as granting any leasehold or other real estate interest in the Accommodation.

Carriers agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between Carriers and the Host. If a Carrier stays past the agreed upon checkout time without the Host’s consent [“Overstay”], the Carrier no longer has a license to stay in the Accommodation and the Host is entitled to make the Carrier leave in a manner consistent with applicable law. In addition, the Carrier agrees to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that the Carrier Overstays, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by the Carrier to cover the inconvenience suffered by the Host, plus all applicable fees, taxes, and any legal expenses incurred by the Host to make the Carrier leave [collectively, “Overstay Fees”]. Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If a Carrier Overstays at an Accommodation, the Carrier authorizes us to charge the Carrier to collect Overstay Fees. Any security deposit required by a Host may be applied to any Overstay Fees due for a Carrier’s Overstay.

Each Carrier and Guest agrees to indemnify, defend, release, and hold harmless Host and its subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, licensors, licensees, agents, officials, and other partners from any and all liability, loss, cost, injury, claims, damages, expense, or demands of any kind, including, without limitation, reasonable attorney fees, made by, arising out of, or in any way connected with or related to: (i) injury to or death of the person or damage to the property of another or otherwise arising in connection with any use of the Accommodation by Carrier and/or Guest or, if applicable, any use by other individuals or entities sharing use of the Accommodation with Carrier and/or Guest; (ii) the acts or omissions of or violation of any law, code, ordinance, rule, or regulation (including but not limited to the Americans with Disabilities Act (ADA) and analogous state or local laws relating to nondiscrimination or physical or technological accessibility for Guests with disabilities) by Carrier, Guest, and their respective agents, employees, contractors, or subcontractors; (iii) any default or breach of this Agreement by Carrier or Guest, excepting only claims based upon Host’s sole negligence, bad faith, or intentional acts. Host shall have the right to retain its own counsel, in which case its reasonable attorney fees shall be covered by the agreement of Carrier and Guest to indemnify Host for such fees set forth immediately above in this paragraph. This paragraph shall survive termination or expiration of this Agreement.

17. Practices Regarding Use and Storage.

You acknowledge that we may establish general practices and limits regarding use of the Service and the Platform, including without limitation the maximum number of email messages that may be sent or received from an account for the Service or the Platform, the maximum size of any email message that may be sent from or received by an account for the Service or the Platform, the maximum amount of disk space that will be allotted on our servers on your behalf, and the maximum number of times and duration for which you may access the Service or the Platform in a given time. You agree that we have no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service or the Platform. You acknowledge and agree that we reserve the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that we have the right to modify these practices and limits from time to time.

18. Responsibilities.

You are responsible for your own acts and omissions as well as the acts and omissions of anyone else under your control with you with respect to any Listing or Reservation, including but not limited to any damage, improper conduct with respect to another person, compliance with laws, and any other act or omission in connection with your use of the Service and the Platform.

19. Assumption of Risk.

You acknowledge that many activities, including but not limited to the activities involved with driving and parking, carry inherent risks. You therefore agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Service, the Platform, and the Content, including any Listing or Reservation, and any and all activities in connection with any Listing or Reservation, such as use of a Host’s property or parking space, a Host’s maintenance of or failure to maintain property or parking spaces, or anything else in connection therewith. You acknowledge that your acts or omissions in connection with use of the Service or the Platform may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to use the Service or the Platform.

20. Fees.

We may charge fees (and applicable taxes) to Hosts and Carriers for the right to use the Service and the Platform, which will be posted on the Platform or otherwise communicated by us. Unless expressly stated otherwise in these Terms, service fees paid to us are nonrefundable. We reserve the right to change the fees for the Service and the Platform at any time, and we will provide notice to Hosts and Carriers of any fee changes before they take effect. Fee changes will not impact Reservations made prior to the effective date of the fee change. If you disagree with a fee change, you may request to terminate your account at any time.

21. Payment Terms.

Payment shall be made at the time of booking a Reservation in accordance with the designated hourly rate, minimum or maximum hours, or other payment terms specified in a Listing within the Platform.

22. Parking Reservation Cancellation Policy.

Any request for cancellation of a Reservation must be submitted within the Platform.

A. Cancellation Request.

Carriers and Hosts must notify each other of their intent to request cancellation of a Reservation [each a “Cancellation Request” and collectively “Cancellation Requests”] through the designated communication method indicated in the Platform. The cancellation request must include a valid reason for cancellation. Any Cancellation Request by a Host must be submitted at least two (2) hours before the Reservation time, or penalties and fees may be imposed. In case of emergencies, Carriers and Hosts must contact customer support immediately. Penalties may be waived by us in our sole discretion on a case-by-case basis. If a Host cancels a Reservation, the Host must provide a full refund to the Carrier.

B. Active Reservation Verification.

Only active Reservations are eligible for a Cancellation Request. Iacti Reservations will result in the closure of the Cancellation Request without further action.

C. Cancellation Notification.

Upon submission of a Cancellation Request, the member will receive a notification detailing the reason for the Cancellation Request and any associated fees or refunds.

D. Cancellation Fee.

Cancellation of Reservations by Hosts or Carriers within two (2) hours of the Reservation shall be subject to a cancellation fee [the “Cancellation Fee”] equal to Twenty Percent (20%) of the Base Price (as defined below) charged to the user if the reservation is cancelled outside of the terms agreed upon by the parties, which Cancellation Fee shall be payable as follows: (A) Fifty Percent (50%) to us; and (B) Fifty Percent (50%) to the Host or Carrier that received the Cancellation Request. Cancellation Fees are only charged to the Host if the reservation is cancelled outside of the terms agreed upon with the Carrier. The “Base Price” is the number of reservation hours times the hourly rate. We reserve the right to change the Cancellation Fee and any other processing fees at any time in our sole discretion and any fee changes will be posted in the Platform before they take effect.

E. Refund Processing.

If any refund is applicable, it will be processed in accordance with the refund policy. The member will be notified of the refund amount and processing timeline.

F. System Update.

After processing and approval of a Cancellation Request, the Host must update the Listing to reflect the cancellation and indicate that the parking spot is available for future reservations.

G. Documentation.

All Cancellation Requests and related actions will be documented and stored for future reference.

23. Modification of Reservations.

Any requests to modify a Reservation must be submitted through the Platform.

A. Extension Requests.

Carriers may request to extend their Reservation through the Platform up to one (1) hour before the end of the Reservation by submitting a request to the Host through the Platform, if the Accommodation is available, which the Host in its sole discretion may accept or decline.

B. Dynamic Pricing.

Extension fees will be calculated based on current demand, and may be higher during peak times.

C. Pre-Authorization.

By making a Reservation, Carriers pre-authorize and agree to pay any potential extension fees for any extensions that they request.

D. Late Departure Fees.

Carriers and Guests agree to leave the Accommodation no later than the checkout time that Host specifies in the Listing or such other time as mutually agreed upon between Host and Carrier or Guest. If Carrier or Guest Overstays, Carrier and Guest no longer have a license to stay in the Accommodation and Host is entitled to make Carrier and Guest leave in a manner consistent with applicable law. In addition, Carrier and Guest agree to pay, if requested by Host, late departure fees described in these Terms [“Late Departure Fees”], plus all applicable fees, taxes, and any legal expenses incurred by Host to make Carrier and Guest leave [collectively, “Overstay Fees”]. Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If Carrier or Guest Overstay at an Accommodation, Carrier and Guest authorize us to charge Carrier and Guest to collect Overstay Fees. Any security deposit required by Host may be applied to any Overstay Fees due for an Overstay by Carrier or Guest.

Hosts may charge Late Departure Fees, in addition to the applicable hourly rate, as follows:

(i) Grace Period: Hosts will provide a fifteen (15) minute grace period for late departures, at no additional charge.

(ii) Incremental Late Departure Fees: Hosts may charge incremental late departure fees as follows: (1) a five dollar ($5) fee for a late departure between 16 and 30 minutes after the Reservation ends; (2) a twenty-five dollar ($25) fee for a late departure between 31 and 60 minutes after the Reservation ends; and (3) the full hourly rate for each additional hour up to the maximum daily rate for a late departure more than 60 minutes after the Reservation ends.

24. Intended Audience and Restricted Parties.

The Services and the Platform are only intended for registered members who are Hosts or Carriers as defined in Section 2 above. By using the Services, the Platform, and the Accommodations, you represent and warrant that neither you nor your principals, officers, partners, members, guests, or holder of any equity or other interest in Host or Carrier: (A) are identified on any U.S. Government or other government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals and Blocked Persons List or similar lists maintained by the U.S. Department of the Treasury, the Office of Foreign Assets Control (OFAC), or included in any executive orders; or (B) are owned or controlled by or acting on behalf of a party on any such list.

25. Use of Services and Platform.

ParkPro grants to registered members who are in compliance with all of the Terms a limited, revocable, nonexclusive license to use the Services and the Platform solely for their own business use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. You must act with integrity, comply with all laws, treat others with respect, not engage in any improper conduct, not commit slander or libel, and only use the Service and the Platform as authorized by these Terms. The use of the Service and the Platform is at our sole discretion, and we may terminate your use of the Service and the Platform at any time and for any reason or no reason.

26. Compliance With Laws.

You agree to comply with all applicable laws regarding your use of the Service and the Platform. You further agree that the Content and other information you provide is truthful, lawful, noninfringing, and accurate to the best of your knowledge.

27. Insurance.

You agree, at your own expense, at all pertinent times during your use of the Service and the Platform and for a period of no less than two (2) years thereafter (or any longer period required in these Terms), to possess and maintain sufficient insurance coverage to fund your indemnity, liability, and other obligations arising from or related to these Terms, your Reservations, your use of the Service and the Platform, and all acts and omissions by you and others on your behalf, including, without limitation, the following minimum insurance requirements described in this Section below. These requirements are subject to amendment or waiver only if we approve such amendment or waiver in writing in advance. A lapse in any required insurance coverage shall be a breach of these Terms. Your fulfillment of the obligations of these Terms and this Section shall not, of itself, in whole or in part satisfy or fulfill your indemnity, liability, or other obligations under these Terms or applicable law. We do not, in any way, represent that the types and minimum limits of insurance required by these Terms are sufficient or adequate to protect your interests or liability.

A. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

(i) Commercial General Liability (CGL): Commercial general liability insurance with limits not less than five million dollars ($5,000,000) per occurrence combined single limit for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and products and completed operations coverage. Such coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

(ii) Automobile Liability: Commercial automobile liability insurance with limits not less than one million dollars ($1,000,000) each occurrence combined single limit of liability for bodily injury, death, and property damage, including owned and non-owned and hired automobile coverages, as applicable. Such coverage shall be at least as broad as ISO Form Number CA 00 01 covering any auto (Code 1), or if you have no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than one million dollars ($1,000,000) per accident for bodily injury and property damage.

(iii) Workers’ Compensation: Workers’ compensation and employers’ liability insurance with limits to conform with the greater of the amount required by applicable law or one million dollars ($1,000,000) each accident, including property damage, bodily injury, and occupational disease coverage.

(iv) Professional Liability (Errors and Omission): Professional liability insurance (Errors and Omissions) with limits not less than one million dollars ($1,000,000) per occurrence or claim and two million dollars ($2,000,000) annual aggregate for all claims each policy year.

(v) Commercial Blanket Bond: Commercial Blanket Bond, including Electronic & Computer Crime or Unauthorized Computer Access coverage, in the amount of not less than one million dollars ($1,000,000).

(vi) Umbrella or Excess Policy: Umbrella insurance with limits not less than five million dollars ($5,000.000).

If you maintain broader coverage and/or higher limits than the minimums shown above, we require and shall be entitled to the broader coverage and higher limits maintained by you or on your behalf.

B. Other Insurance Provisions.

The insurance policies must contain, or be endorsed to contain, the following provisions:

(vii) Additional Insured Status: ParkPro, Hosts and their members, managers, officers, directors, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of acts or omissions by you or on your behalf, including materials, parts, or equipment furnished in connection with Reservations and your use of the Service and the Platform. General liability coverage can be provided in the form of an endorsement to your insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

(viii) Blanket Additional Insured Endorsement: Carriers must secure a blanket additional insured endorsement, and include “Blanket Additional Insured Status Where Required By Contract” in their General Liability and Auto Liability insurance policies.

(ix) Primary Coverage: For any claims related to these Terms, the insurance coverage shall be primary and noncontributory and at least as broad as ISO CG 20 01 04 13 as respects ParkPro and its members, managers, officers, directors, officials, employees, and volunteers. Any insurance or self-insurance maintained by us shall be excess of your insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

(x) Umbrella or Excess Policy: You may use Umbrella or Excess Policies to provide the liability limits as required in these Terms. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and that also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

(xi) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to us.

(xii) Waiver of Subrogation: All insurance policies shall contain an endorsement waiving subrogation rights against us. You hereby grant us a waiver of any right to subrogation that any of your insurers may acquire against us by virtue of the payment of any loss under such insurance. You agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not we have received a waiver of subrogation endorsement from the insurer.

(xiii) Self-Insured Retentions: Self-insured retentions must be declared to and approved by us. We may require you to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or us. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds twenty-five thousand dollars ($25,000) unless approved in writing by us. Any and all deductibles and SIRs shall be the sole responsibility of you and any other party who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. We may deduct from any amounts otherwise due to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. We reserve the right to obtain a copy of any policies and endorsements for verification.

(xiv) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in all applicable states with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to us.

(xv) Claims Made Policies: If any of the required policies provide claims-made coverage: (1) such insurance shall cover all prior acts of you during your use of the Service or the Platform; (2) the Retroactive Date must be shown and must be before the earliest date that you use or register to use the Service or the Platform; (3) insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after the latest date on which you no longer use or are registered to use the Platform or the Service; and (4) if coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, you must purchase “extended reporting” coverage for a minimum of five (5) years after the latest date on which you no longer use or are registered to use the Platform or the Service.

(xvi) Verification of Coverage: Before using or registering to use the Service or the Platform, you shall furnish us with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by these Terms and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by us before you use or register to use the Service or the Platform. However, failure to obtain the required documents prior to use of or registration to use the Service or the Platform shall not waive your obligation to provide them. We reserve the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

(xvii) Special Risks or Circumstances: We reserve the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

(xviii) Approval: All policies, endorsements, certificates, and binders shall be subject to approval by us as to form and content.

(xix) Cancellation or Lapse of Insurance: You shall give no less than thirty (30) days’ prior written notice to us of cancellation, nonrenewal, or material change in coverage, scope, or amount of any policy. Should you fail to keep in effect at all times the insurance coverages required under this section, we may, in addition to and cumulative with any other remedies available at law, equity, or hereunder withhold any payments to you in an amount sufficient to procure the insurance required herein, in addition to any and all other available rights and remedies pursuant to these Terms or applicable law.

28. ParkPro Intellectual Property.

You acknowledge and agree that the Service, the Platform, and any necessary software used in connection with the Service and the Platform [“Software”] contain proprietary and confidential information and other intellectual property (IP) that we own or license [“ParkPro IP”], and are protected by applicable laws and agreements. No rights or title with respect to the Software or the ParkPro IP are provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service, the Platform, or advertisers is protected by copyright, trademark, trade secret, patent, privacy, publicity, or other proprietary and intellectual property rights, laws, and agreements. Except as expressly authorized by us pursuant to the terms of a written license agreement, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, the Platform, or the Software, in whole or in part, at any time. You also acknowledge our exclusive rights in our trademarks and logos, including without limitation our PARKPRO™, PARK LIKE A CHAMP™, and PARK LIKE A PRO™ marks and logos. Trademarks, copyrighted works, or other intellectual property within the Service and the Platform are the property of ParkPro or other intellectual property owners or licensors [collectively, “Licensors”] that provided such intellectual property to us. We and Licensors retain all rights with respect to any of their respective intellectual property appearing in the Service and the Platform, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

29. No Co-Branding or Framing.

You may not use or authorize any party to co-brand or frame the Platform or any Service without the express prior written permission of an authorized representative of ParkPro, as applicable, in each instance. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Platform or any Service, in whole or in part, or any content accessible within the Platform. For purposes of these Terms, “framing” refers to displaying any portion of the Platform or the Service within a bordered area of another website, regardless of whether the address of the Platform or Service is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from us.

30. Disclaimer of Warranties.

YOUR USE OF THE SERVICE AND THE PLATFORM IS AT YOUR OWN RISK. THE SERVICE, THE PLATFORM, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED IN THE PLATFORM OR ANY SERVICE WILL PERFORM OR BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR SERVERS THAT MAKE THE PLATFORM AND THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULTS OF THE USE, OF ANY SERVICE OR CONTENT IN THE PLATFORM WITH RESPECT TO THEIR ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICE AND THE PLATFORM AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION REQUIRED TO BE MADE IN THE EVENT OF ANY LOSS OR DAMAGE TO THE SERVICE, THE PLATFORM, OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, THE PLATFORM, OR THE CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT.

WE, INCLUDING ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, AND MANAGERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FOSEEABLE, OR WE WERE NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PARKPRO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, AND MANAGERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU HAVE PAID TO US FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY FIRST AROSE. ALL CLAIMS MUST BE MADE WITHIN ONE YEAR OF THE APPLICABLE ACTIVITY OR FOREVER BE BARRED.

THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO ANY EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE AND THE PLATFORM SHALL BE TO DISCONTINUE USING THE SERVICE AND THE PLATFORM.

No advice or information, whether oral or written, obtained by you from us or through or from the Service or the Platform shall create a warranty not expressly stated in these Terms.

31. Limitation of Liability.

You expressly understand and agree that we (including all affiliated companies and personnel) will not be liable or responsible to you under any circumstances for any direct, indirect, incidental, special, consequential (including damages from loss of business, lost profits, litigation, or the like), exemplary, punitive, or other damages, under any legal or equitable theory, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating in any way to the Service, the Platform, the Content, any communications, interactions, or meetings between you and any person or entity that you meet or with whom you interact through or via the Service or the Platform, or any Reservation or Listing, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, the Platform, or the Content, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service or the Platform, the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service or the Platform, or any other matter relating to the Service, the Platform, or the Content. Your sole remedy for dissatisfaction with the Service, the Platform, or the Content is to cease all use of the Services and the Platform. In no event will we be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

You may have additional rights under certain laws (including consumer laws) that may not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

32. Indemnity.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, release, and hold harmless ParkPro and our subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, licensors, licensees, agents, officials, and other partners from any and all liability, loss, cost, injury, claims, damages, expense, or demands of any kind, including, without limitation, reasonable attorney fees, made by, arising out of, or in any way connected with or related to: (a) your violation of this Agreement; (b) your interaction with any other Carrier or Host or other individuals or entities; (c) your failure or our failure at your direction, to accurately report, collect, or remit taxes; (d) your breach, misappropriation, infringement, or other violation of any contracts, licenses, laws, regulations, or third party rights, including, but not limited to, intellectual property or privacy rights; (e) your violation of any applicable law, rule, or regulation; or (f) your other negligent acts or tortious conduct.

33. Special Admonition for Services Relating to Financial Matters.

If you receive or request any news, messages, or other information from the Service or the Platform concerning stock quotes, companies, investments, or securities, remember that the Service, the Platform, and any Content included or information made available by the Service or the Platform are not intended for trading or investing purposes. We and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service or the Platform, and shall not be responsible or liable for any trading or investment analyses, decisions, or actions made by you or any users based on such information or Content.

34. Personally Identifiable Information.

We caution you against giving out any personally identifying information about yourself, your children, or any other person in the Platform. In an effort to preserve your privacy, we will plan to treat any personally identifying information that you submit through the Platform in accordance with the terms outlined in our Privacy Policy.

35. Disclosures Required by Law.

We reserve the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the Terms. We will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that we shall have no duty to disclose such information and therefore shall not be liable to you in connection with any nondisclosure.

BY ACCEPTING THIS AGREEMENT OR USING THE SERVICE OR THE PLATFORM, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY: (A) CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS; OR (B) ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

36. Applicable Law, Jurisdiction, and Venue.

These Terms shall be enforced and interpreted under the laws of the State of Florida [the “State”], without regard to conflict-of-laws provisions. Any and all disputes, claims, actions, or suits arising out of or relating to this Agreement will be subject to the exclusive jurisdiction and venue of the state or federal courts in the State, and may only be brought exclusively in a court of competent jurisdiction in the State. If there is any dispute about, involving, or relating in any way to us, the Service, or the Platform, you agree that any dispute shall be governed by the laws of the State, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the State located in Pensacola, Escambia County, Florida.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

37. Severability.

If any provision of these Terms are found by a court of competent jurisdiction to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect, and the parties’ intentions as reflected in such provision and the other provisions of these Terms shall otherwise remain in full force and effect.

38. Waiver.

Any failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of Terms by us must be in writing and signed by our authorized representative to be effective.

39. Assignment.

You may not assign, transfer, or delegate these Terms or your rights and obligations under these Terms without our prior express signed written consent. We may assign, transfer, or delegate these Terms or any right or obligation under these Terms without restriction in our sole and complete discretion.

40. Termination.

We may terminate your account and access to the Service and the Platform at any time, with or without notice, for any reason or no reason at all. You may terminate your account at any time by sending us a written request or by deleting your account. If an Owner terminates an account, any confirmed Reservations will be automatically cancelled, and the reserving Driver will receive a full refund. If a Driver terminates an account, any confirmed Reservations will be cancelled, and any refund will depend on the terms of the Reservation’s cancellation policy.

41. Relationship of the Parties.

Nothing contained in these Terms or the Platform shall, nor shall your use of the Services or the Platform, be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors and therefore responsible for its own actions.

42. No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

43. Entire Agreement.

These Terms govern the terms and conditions of your use of the Service and the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Service and the Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services or goods, third-party content, or third-party software. We may revise these Terms at any time by updating this posting. Accordingly, you should review the Terms periodically to determine if any changes have been made. Your continued use of the Service and the Platform after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to these Terms.

44. Headings.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

45. Contact Information.

Please immediately report any violations of these Terms to us at by mail at the following address:

ParkPro USA, LLC
14621 State Rd 70 E #204
Bradenton FL 34202

Last Updated: December 10, 2024