XPressPark Parking Management Platform
HAH Parking, Inc.
Last Updated: March 26, 2021
HAH Parking (“the Company”) is a company whose purpose is to build and maintain the XPressPark Parking Management Platform (“System”). The purpose of the System is to enable the management of parking areas (“Zones”) by parking resource owners (“Owners”), enable the payment of parking fees by parking customers (“End Users”) for vehicles with legal and registered license plates (“Vehicles”), enable the enforcement of Zones, enable the payment of citation/violation/enforcement fees by End Users, and enable to financial reporting for Zones and transfer of revenues to Owners. For the purposes of this document Owners and End Users will be referred to as “Users”.
THIS AGREEMENT IS SUBJECT TO THE SOUTH CAROLINA ARBITRATION ACT
END USER OBLIGATIONS
As an End User you agree/consent to the following:
- You are assuming all liability associated including injury, damage, permanent injury, paralysis or and/or death.
- You are 18 years or older.
- You have sole liability, responsibility and supervision of the Vehicle and its occupants.
- You have primary responsibility for your own safety and the safety of the Vehicle during the time which it is parked in the Zone. The Owner is not responsible for ensuring the safety of the End User or the Vehicle.
- You will notify the Owner and the Company of any damage to the Zone during the time that the Vehicle is parked in the Zone immediately after it occurs.
- You will not do or permit to be done in the Zone anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Owner or to the owner or occupier of neighboring property;
- You will not conduct any illegal activity in the Zone;
- You will not conduct any business or commercial activity whatsoever in the Zone;
- You will not use the Zone for any purpose other than for parking the Vehicle;
- You will leave the Zone in the same condition as you found it;
- You will indemnify and hold harmless the Owner against all loss, liability, damages, costs and expenses arising from the your negligence in connection with the Zone, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Owner;
- You acknowledge that the Zone is someone else’s property and agree not to access any other part of the property to which the Zone is attached.
- You will park the Vehicle in the Zone without obstructing any adjoining or nearby parking spaces or property.
- You will parking the Vehicle in the Zone only for the duration specified on the parking pass that you purchase. If the Vehicle is found in the Zone beyond that period, it will be subject to enforcement.
- You will pay the fees associated with any citations, violations, or enforcements that you may receive as a result of your Vehicle being found in a Zone when no valid parking pass exists for the Vehicle.
- You authorize the System to charge your payment method for any purchases made on the System.
- You can text a Zone number to 98000 to use the System. You will be sent a link to a web page that will allow you to select a duration, as well as enter vehicle and payment details. After completing the purchase you will receive reminder messages at the phone number used to initiate the process.
- You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- You can text “HELP” to the short code. After you send the SMS message “HELP” , the System will respond with instructions on how to use the System, as well as how to unsubscribe.
- You agree that your mobile phone carrier is one of the following:
- Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
- Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
As an Owner you agree/consent to the following:
- You are the owner and authorized person to manage the Zones associated with your account.
- You will not deliberately do or omit to do anything which will or is likely to put the End User or Vehicle at risk.
- You will ensure that the Zone is properly and fully described and configured on the System.
- You will ensure that the Zone is available for the duration of any valid parking pass sold.
- You will ensure that the Zone configuration is accurate.
- You will ensure that the Zone may be accessed easily by the End User.
- You will indemnify and hold harmless the End User against all loss, liability, damages, costs and expenses arising from the your negligence in connection with the Zone, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the End User.
- You permit the System to charge the contractually agreed upon fees and to deposit your net proceeds to your designated bank account.
- You agree to not take any actions to circumvent the revenue capture mechanisms of the System.
COMPLAINTS, CLAIMS AND LIABILITY
- Each party agrees that if any dispute arises concerning the use of the System each party will attempt to resolve such dispute in the first instance by directly communicating with the other.
- In the event that a dispute cannot be resolved directly, it is agreed that either party may refer the dispute to the Company or make a complaint about the other. Both parties authorize the Company to deal with the dispute or complaint as it sees fit and agree to abide by any decisions the Company may make in such circumstances, including requiring refunds to be made.
- Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of use of the System.
- The Owner’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of the disputed parking pass.
- The End User’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the disputed parking pass.
- The Owner has the right to grant a refund for any payments made by the End User on the System.
Users hereby fully and forever release the Company and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, and assigns, jointly and severally (collectively, the “Parties”), and hereby fully and forever discharge and agree to hold the Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Owner or End User on the one hand and the Parties, or any of them, on the other hand in connection with this Agreement.
- Each party agrees that it has the power and authority to enter into this Agreement.
- Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by the Company as agent for the Owner as set out in this Agreement.
- Neither party will be liable to the other or be deemed to be in breach of the terms of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any event of force beyond the party’s reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
- Save in the case of fraud or any other document that states to supersede this Agreement, the terms of this Agreement represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
- All parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- This Agreement is governed by the laws of Charleston, South Carolina and the federal laws of the United States of America applicable therein, without reference to the principles of conflicts of law.
- If either party breaches the terms of this Agreement and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce its rights and remedies for any other breach.
DISCLAIMER & LIABILITY
- The Company’s liability arising out of or related to this Agreement will not exceed that which may be computed using the Service Level Agreement which can be found at https://xpresspark.io/service-level-agreement.
- IN NO EVENT WILL COMPANY BE LIABLE TO OWNER OR END USER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
- THE LIABILITIES LIMITED BY THIS SECTION APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF VENDOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this section, the Company’s liability will be limited to the maximum extent permissible. For the avoidance of doubt,the Company’s liability limits and other rights set forth in this Section apply likewise to the Company’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with the System, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, messaging, searching, or mobile use. You agree not to copy/collect System content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/ communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of the Company’s policies or rules referenced above (“Prohibited Content”). You agree not to collect User information or interfere with the System.
In the event of any dispute or alleged claim whatsoever, you agree/consent to submit to the exclusive jurisdiction and venue of the courts located in Charleston County in South Carolina. Any arbitration, mediation or other conciliatory process must be initiated and carried out in Charleston County, South Carolina. You acknowledge that the Company’s rights and your obligations to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any). Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.
ACKNOWLEDGEMENT OF THE ENTIRE AGREEMENT
If you have any questions about these terms and conditions, please contact us at any time by emailing us at email@example.com