PLEASE READ CAREFULLY — THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS
THESE TERMS CONTAIN PROVISIONS THAT SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING:
1. PARKMETO IS A TECHNOLOGY PLATFORM ONLY. PARKMETO DOES NOT OWN, OPERATE, INSPECT, SUPERVISE, OR CONTROL ANY PARKING SPACE. EVERY RESERVATION IS A CONTRACT SOLELY BETWEEN A HOST AND A DRIVER. PARKMETO IS NOT A PARTY TO IT.
2. ASSUMPTION OF RISK AND RELEASE. YOU ASSUME ALL RISK ARISING FROM PARKING ON OR PROVIDING PRIVATE PROPERTY, AND YOU RELEASE PARKMETO FROM CLAIMS RELATING TO VEHICLE DAMAGE, THEFT, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING CLAIMS BASED ON PARKMETO'S OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW. (Article 7)
3. BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. DISPUTES ARE RESOLVED BY INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. (Article 13)
4. LIMITATION OF LIABILITY. PARKMETO'S TOTAL LIABILITY IS CAPPED AT THE GREATER OF FEES YOU PAID PARKMETO IN THE PRIOR SIX (6) MONTHS OR ONE HUNDRED U.S. DOLLARS (US $100.00). (Article 7)
5. ONE-YEAR DEADLINE TO BRING CLAIMS. ANY CLAIM AGAINST PARKMETO MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES OR IT IS PERMANENTLY BARRED. (Section 13.14)
By creating an account, listing a Parking Space, requesting or accepting a Reservation, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Platform.
Article 1 — Introduction, Acceptance & Definitions
THE NATURE OF PARKMETO'S ROLE
1.1 The Platform. Parkmeto LLC ("Parkmeto," "we," "our," or "us") operates an online technology platform, including its website, mobile applications, APIs, and related software (collectively, the "Platform"), that enables independent property owners and authorized occupants ("Hosts") to list private parking spaces and enables independent drivers ("Drivers") to locate, reserve, and pay for temporary parking.
1.2 Binding Agreement. These Terms form a legally binding agreement between Parkmeto LLC and each individual or entity that accesses or uses the Platform in any capacity, including browsing, registering, listing, booking, communicating, paying, or receiving payouts. Together with the Privacy Policy, the Cancellation & Refund Policy, and any other policy expressly incorporated by reference, they constitute the entire agreement between you and Parkmeto regarding the Platform.
1.3 Eligibility. You must be at least eighteen (18) years old, possess legal capacity to enter binding contracts, provide accurate registration information, and comply with all applicable federal, state, and local laws. Parkmeto may refuse, restrict, suspend, or terminate service to any person at its sole discretion to the extent permitted by applicable law.
1.4 Definitions. "Driver" means any registered user seeking or holding a Reservation. "Host" means any user offering a Parking Space. "Listing" means a Parking Space advertised on the Platform. "Reservation" means a confirmed booking between a Driver and a Host. "Parking Space" means the specific portion of private property offered for temporary vehicle parking. "Property" means the real property on which the Parking Space is located. "Service Fee" means the fee Parkmeto charges for use of the Platform. "Booking Fee" means all amounts paid by a Driver, including parking charges, service fees, taxes, and processing fees. "Payout" means amounts remitted to a Host net of applicable fees. "Claim" means any claim, demand, action, cause of action, proceeding, damage, liability, loss, cost, or expense of any kind, whether based in contract, tort, negligence, strict liability, statute, or any other legal or equitable theory.
1.5 Parkmeto's Limited Role — Marketplace Only. THIS IS A MATERIAL TERM OF THIS AGREEMENT. Parkmeto provides only an online marketplace and the technology that enables Hosts and Drivers to find one another and contract directly. Parkmeto does not: own, lease, sublease, rent, or hold any interest in any Parking Space; operate, manage, maintain, or control any parking facility or Property; inspect, measure, certify, approve, or verify any Parking Space; supervise, monitor, direct, or control any parking activity or the conduct of any user; take custody, possession, or control of any vehicle; provide valet, storage, security, monitoring, roadside assistance, or towing services; or employ, engage, or act as agent for any Host or Driver. Each Reservation is a direct contract solely between the Host and the Driver, to which Parkmeto is not a party and under which Parkmeto assumes no obligation of either party.
1.6 No Agency or Other Relationship. Nothing in these Terms creates any employer-employee, landlord-tenant, licensor-licensee, partnership, joint venture, franchise, agency, brokerage, valet, bailment, escrow, trust, custodial, or fiduciary relationship between Parkmeto and any user, or between users, except as expressly stated. Hosts and Drivers are and remain wholly independent of Parkmeto and of each other.
1.7 No Duty to Screen, Inspect, Monitor, or Warn. Parkmeto has no duty — and expressly disclaims any duty — to screen, investigate, vet, background-check, inspect, monitor, supervise, or warn any user regarding any other user, any Listing, any Parking Space, any Property, or any vehicle. Parkmeto does not undertake to verify the accuracy of any Listing, the legality of any Parking Space, the ownership or authority of any Host, the licensure, insurance, or competence of any Driver, or the condition or safety of any Property. If Parkmeto elects to take any such action in a particular instance, it does not thereby assume any ongoing duty, and no user may rely on Parkmeto having done so.
1.8 No Guarantee of Listings. Parkmeto does not guarantee that any Listing exists, is accurate, is legally authorized, is available, is safe, is free of defects, or is suitable for any particular vehicle. Each Driver is solely responsible for evaluating a Parking Space before and upon arrival.
1.9 Independent Decision-Making. Hosts independently determine pricing, availability, rules, accepted vehicle sizes, and reservation approvals. Drivers independently determine which Listings to book. Parkmeto does not direct or control those decisions.
1.10 User-Generated Content; Interactive Computer Service. Listings, photographs, descriptions, messages, reviews, and other content are created and supplied by users, not by Parkmeto. Parkmeto operates as an interactive computer service and is not the publisher or speaker of user content. Parkmeto expressly reserves all protections available under 47 U.S.C. § 230 and all analogous federal, state, and foreign law. Any editorial action Parkmeto takes — including removing, declining to remove, screening, ranking, or moderating content — is undertaken in its capacity as a service provider and does not make Parkmeto the author of, or responsible for, that content.
1.11 Changes to These Terms. Parkmeto may revise these Terms. Where changes are material, Parkmeto will provide reasonable notice through the Platform or by email before they take effect. Continued use of the Platform after the effective date constitutes acceptance. Where applicable law requires affirmative consent, Parkmeto will obtain it. Changes to Article 13 (Dispute Resolution) will not apply retroactively to claims of which Parkmeto has already received notice.
1.12 Electronic Contracting; Record of Assent. You consent to transact electronically and agree that your click, tap, or continued use constitutes your signature under the federal E-SIGN Act and analogous state law. You agree that Parkmeto's records of your acceptance — including timestamps, IP address, device identifiers, and the version of the Terms displayed — are admissible and constitute conclusive evidence of your agreement absent clear proof of error.
Article 2 — Accounts, Verification & User Responsibilities
2.1 Registration. Certain features require an account. All registration information must be accurate, current, and complete, and must be updated promptly upon change. Parkmeto may suspend or terminate any account containing false, misleading, incomplete, or fraudulent information.
2.2 One Account. Unless authorized in writing by Parkmeto, each individual may maintain only one personal account. Creating additional accounts to evade suspension, manipulate ratings, obtain promotional credits, or otherwise circumvent these Terms is prohibited.
2.3 Identity Verification Is Not an Endorsement. Parkmeto may require identity verification, which for Hosts may include government-issued photo identification, selfie verification, date of birth, phone and email verification, address verification, and third-party identity verification, and for Drivers may include email, phone, and payment verification. COMPLETION OF ANY VERIFICATION STEP IS NOT AN ENDORSEMENT, CERTIFICATION, APPROVAL, RECOMMENDATION, OR GUARANTEE OF ANY USER, AND CREATES NO DUTY OF CARE ON PARKMETO'S PART. No user may rely on it as such.
2.4 No Background Checks. Parkmeto does not conduct criminal background checks, driving-record checks, court-record searches, credit checks, employment screening, or character or reputational assessment of any user as part of its standard process. NO USER SHOULD ASSUME THAT ANY OTHER USER HAS BEEN SCREENED, INVESTIGATED, CERTIFIED, APPROVED, OR ENDORSED BY PARKMETO. Each user assumes full responsibility for deciding whether to interact or transact with any other user.
2.5 No Verification of Property Rights. Parkmeto does not verify that a Host owns the Property or has authority to offer parking, or that any landlord, mortgagee, condominium board, homeowners' association, insurer, or municipality has consented. Hosts are solely responsible for holding all rights and approvals necessary to offer a Parking Space.
2.6 Accurate Information. All information a user provides — including legal name, address, telephone, email, vehicle details, payment details, Listing details, photographs, pricing, and availability — must be truthful, accurate, and complete. Providing false information is a material breach of these Terms.
2.7 Account Security. Users are solely responsible for maintaining the confidentiality of their credentials, protecting their devices, and promptly reporting unauthorized access. All activity under an account is deemed authorized by the account holder unless the account holder notified Parkmeto of unauthorized use before that activity occurred.
2.8 Prohibited Registration. Users may not impersonate another person, register under a false identity, register on behalf of a minor, use another person's identification, register with a stolen payment method, or register using fraudulent contact details.
2.9 Driver Representations. Each Driver represents, warrants, and covenants on a continuing basis that the Driver holds a valid, unsuspended driver's license where legally required; maintains all automobile liability insurance required by applicable law, at no less than statutory minimum limits, in force throughout each Reservation; provides accurate vehicle information; will park only within the designated Parking Space; and will comply with all applicable traffic, parking, and property laws and all lawful Host instructions. Each Driver remains solely responsible for the operation, custody, and condition of the vehicle at all times.
2.10 Host Representations. Each Host represents, warrants, and covenants on a continuing basis that the Host holds all legal rights and approvals necessary to offer the Parking Space; that each Listing is materially accurate, including dimensions and restrictions; that the Host will disclose known hazards and defects; that the Host will use reasonable efforts to make the Parking Space available and reasonably accessible during each Reservation; and that the Host maintains the insurance required under Section 5.13.
2.11 Responsibility for Passengers and Invitees. Each Driver is fully responsible for the acts, omissions, and safety of every passenger, guest, employee, agent, and invitee the Driver brings onto or permits at a Property, and for any minor in the Driver's care. Each Host is likewise responsible for members of that Host's household, tenants, employees, agents, contractors, and invitees. The indemnity, release, and arbitration provisions of these Terms extend to Claims asserted by or on behalf of such persons, to the fullest extent permitted by applicable law.
2.12 Conduct. Users shall not harass, threaten, stalk, defame, or unlawfully discriminate against any person; damage another's property; use abusive or offensive language through the Platform; or interfere with another user's Reservation.
2.13 Non-Discrimination. Users shall comply with all applicable anti-discrimination, civil rights, fair housing, and public accommodation laws. Hosts shall not accept, decline, or condition Reservations on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, marital status, familial status, disability, age, source of income, military or veteran status, or any other characteristic protected by applicable law. Parkmeto does not make, direct, or control any Host's acceptance decision, and any such decision is the Host's alone; the Host is solely responsible for its lawfulness and shall indemnify Parkmeto for any Claim arising from it.
2.14 Accessibility. Parkmeto makes no representation that any Parking Space or Property is accessible to, or compliant with any law governing accommodations for, persons with disabilities. Any accessibility features are described by the Host, and each Host is solely responsible for the accuracy of, and for any legal obligation arising from, such description.
2.15 Communications; Monitoring. Parkmeto may facilitate messaging between users and may — but is under no obligation to — monitor, review, screen, retain, or act upon communications for fraud prevention, safety, support, or compliance purposes. Users remain solely responsible for their own statements, promises, and representations. Parkmeto is not responsible for the content of communications exchanged between users, and any monitoring it elects to perform creates no duty to detect, prevent, or intervene in any conduct.
2.16 Emergency Contacts; No Monitoring Duty. A user may voluntarily provide an alternate or emergency contact number. Providing one creates no obligation for Parkmeto to monitor, staff, answer, relay, or respond to any communication at any time. PARKMETO DOES NOT PROVIDE EMERGENCY, SECURITY, OR DISPATCH SERVICES AND DOES NOT MONITOR THE PLATFORM, ANY PROPERTY, OR ANY RESERVATION ON A CONTINUOUS BASIS. In an emergency, contact 911 or local emergency services.
2.17 Right to Refuse Service. To the extent permitted by applicable law, Parkmeto may refuse registration and may restrict, suspend, or terminate any account or Listing, with or without notice, for reasons including suspected fraud, breach of these Terms, misuse of the Platform, illegal activity, abusive conduct, payment fraud or chargebacks, fee circumvention, or any activity presenting a safety, security, reputational, or legal risk.
Article 3 — Reservations & Platform Services
3.1 Direct Contract Between Users. Each confirmed Reservation creates a direct agreement solely between the Driver and the Host. Parkmeto is not a party to it, assumes none of either party's obligations, makes no guarantee of either party's performance, and has no liability for either party's breach.
3.2 Booking Requests. A Driver may request a Reservation by specifying location, date, arrival time, estimated duration, vehicle type, and vehicle information. Some Listings permit instant booking; others require Host approval. Submission of a request does not guarantee acceptance.
3.3 Confirmation. A Reservation becomes binding only when the Host has accepted (where approval is required), payment authorization has succeeded, and Parkmeto has issued a booking confirmation. Until then, no Reservation exists and no party has any obligation.
3.4 Instant Booking. Where enabled, qualifying Reservations confirm automatically upon successful payment and the Host agrees to honor them. Parkmeto may enable or disable this feature for any Listing at its discretion.
3.5 Live Booking. Parkmeto may offer a Live Booking feature under which a Driver's request is broadcast to eligible nearby Hosts, one or more Hosts may accept, and the Driver may select among accepted offers. Submission of a Live Booking request does not guarantee that any Host will accept, that any offer will be suitable, or that any parking will be found. Parkmeto does not guarantee broadcast delivery, response times, or the number of responses.
3.6 Pre-Booking. Drivers may reserve for a future date and time. The Host is responsible for ensuring availability during the reserved period and must promptly notify the Driver and Parkmeto through the Platform if the Host cannot honor a confirmed Reservation.
3.7 Accuracy of Reservation Information. Drivers are responsible for the accuracy of all Reservation information. Incorrect vehicle size, arrival time, or location may result in cancellation, refusal of access, or additional charges, without refund except as required by law or the Cancellation & Refund Policy.
3.8 Arrival and Departure. Drivers should arrive within the arrival window stated in the Reservation. Hosts are not obligated to hold a Parking Space open beyond that window. Drivers must vacate no later than the Reservation end time. Failure to vacate may result in additional fees, towing, or other remedies available to the Host under applicable law. PARKMETO DOES NOT AUTHORIZE, ARRANGE, DIRECT, PERFORM, OR SUPERVISE TOWING AND IS NOT RESPONSIBLE FOR TOWING FEES OR ANY DAMAGE ARISING FROM TOWING.
3.9 Extensions. Drivers may request additional time through the Platform. Extensions are subject to Host approval and availability and are not guaranteed.
3.10 Cancellation by Driver; Refund Windows. A Driver may cancel a confirmed Reservation and receive a full refund of the Booking Fee only within the applicable cancellation window set out below. Each window runs from the time the Reservation is confirmed.
(a) Live Booking — fifteen (15) minutes. For a Live Booking Reservation, the Driver may cancel within fifteen (15) minutes after confirmation and receive a full refund.
(b) Pre-Booking — twenty-four (24) hours. For a Pre-Booking Reservation, the Driver may cancel within twenty-four (24) hours after confirmation and receive a full refund. If the Reservation period begins less than twenty-four (24) hours after confirmation, the cancellation window ends at the start of the Reservation period, whichever occurs first.
(c) After the window closes. ONCE THE APPLICABLE CANCELLATION WINDOW HAS ELAPSED, THE BOOKING FEE IS NON-REFUNDABLE IN WHOLE AND IN PART, AND NO FULL OR PARTIAL REFUND, CREDIT, OR PRORATION WILL BE ISSUED, WHETHER OR NOT THE DRIVER USES THE PARKING SPACE, AND WHETHER THE RESERVATION IS CANCELLED, SHORTENED, MISSED, ABANDONED, OR UNUSED FOR ANY REASON.
(d) Refund processing. Refunds are returned to the original payment method and may take up to ten (10) business days to appear, depending on the Driver's bank, card issuer, or payment processor; Parkmeto does not control and is not responsible for that timing.
(e) Scope. This Section does not limit a Driver's rights where a Host fails to provide the reserved Parking Space (Section 3.11), and applies except where a non-waivable consumer-protection law provides otherwise. Parkmeto determines whether a Reservation is a Live Booking or a Pre-Booking, and the applicable window is displayed to the Driver before payment is finalized.
3.11 Cancellation by Host; Host Non-Performance. Hosts should not cancel confirmed Reservations except in genuine emergencies, and must promptly notify the Driver through the Platform if they cannot provide the reserved Parking Space. Repeated cancellations may result in reduced search visibility, warnings, suspension, or removal.
(a) Host cancellation. If a Host cancels a confirmed Reservation before the Reservation period begins — at any time and regardless of the Driver's cancellation window under Section 3.10 — the Driver will receive a full refund of the Booking Fee for the affected Reservation. Refunds are returned to the original payment method and may take up to ten (10) business days to appear.
(b) Parking unavailable on arrival. If a Host has not cancelled but the reserved Parking Space is not available, accessible, or usable when the Driver arrives, the Driver shall first contact the Host through the Platform and allow the Host a reasonable opportunity to make the Parking Space available. If the Host cannot be reached, or if the Parking Space is still not made available within a reasonable time, the Driver shall not park elsewhere on the Property and may request a refund by contacting Parkmeto support.
(c) Refund requests; twenty-four-hour deadline. ANY REFUND REQUEST UNDER SUBSECTION (b) MUST BE SUBMITTED TO PARKMETO SUPPORT WITHIN TWENTY-FOUR (24) HOURS AFTER THE SCHEDULED RESERVATION START TIME, OR THE BOOKING FEE IS NON-REFUNDABLE IN WHOLE AND IN PART. The request must include the Reservation number, the date and time of arrival, a description of what occurred, a record of the Driver's attempts to contact the Host, and supporting evidence such as timestamped photographs or Platform messages.
(d) Investigation; refund not guaranteed. Parkmeto will review timely and complete requests in good faith and may, in its sole discretion, issue a full or partial refund or credit, or decline to do so. PARKMETO DOES NOT GUARANTEE ANY REFUND, CREDIT, REPLACEMENT PARKING, OR OTHER REMEDY, AND MAKES NO REPRESENTATION AS TO THE OUTCOME OR TIMING OF ANY REVIEW. Parkmeto may request additional documentation from either party, and a Driver's failure to contact the Host as required by subsection (b), to submit a timely request under subsection (c), or to provide reasonably requested evidence may result in denial. Parkmeto is not obligated to investigate, to determine fault, to locate alternative parking, or to compensate a Driver for any cost, delay, or loss arising from Host non-performance, including substitute parking, towing, citations, or missed appointments.
(e) Sole remedy. Any refund or credit Parkmeto elects to issue is voluntary, is not an admission of fault or liability, and constitutes the Driver's sole and exclusive remedy against Parkmeto arising from Host non-performance. Nothing in this Section limits a Driver's right to pursue the Host directly, and any dispute regarding Host non-performance remains solely between the Driver and the Host under Article 8.
3.12 No Guarantee of Availability or Accuracy. Parkmeto does not guarantee parking availability in any area or at any time, Reservation acceptance, uninterrupted Platform operation, or the accuracy of GPS data, maps, distances, or estimated travel times. Availability depends entirely on independent Hosts.
3.13 Navigation. Navigation and mapping information is provided solely as a convenience, may be supplied by third parties, and may be inaccurate. Drivers are solely responsible for confirming they have reached the correct Property and for the safe operation of their vehicle. Parkmeto is not responsible for mapping or navigation errors or for any consequence of parking at an incorrect location.
3.14 Host Instructions; Unauthorized Parking. Drivers shall comply with all lawful Host instructions, including designated location, entry procedures, gate access, orientation, and property-specific restrictions. Drivers shall not park outside the designated Parking Space, on neighboring property, on sidewalks, lawns, or landscaped areas, in fire lanes, or so as to block garages, emergency access, hydrants, or public rights-of-way. Unauthorized parking may result in removal or towing at the Driver's sole expense.
3.15 No Bailment, Custody, or Control. PARKING A VEHICLE THROUGH THE PLATFORM DOES NOT CREATE A BAILMENT, DEPOSIT, STORAGE, WAREHOUSE, VALET, CUSTODIAL, OR SECURITY ARRANGEMENT WITH PARKMETO, AND PARKMETO NEVER TAKES CUSTODY, POSSESSION, OR CONTROL OF ANY VEHICLE OR ITS CONTENTS. The Driver retains exclusive possession of and responsibility for the vehicle and its contents at all times.
3.16 Records. Parkmeto may maintain electronic records of requests, confirmations, cancellations, payments, communications, timestamps, and account activity, and may use them to investigate disputes, prevent fraud, comply with legal obligations, and operate and improve the Platform.
Article 4 — Driver Obligations, Vehicle Requirements & Assumption of Risk
4.1 General. Drivers are solely responsible for the operation, parking, condition, security, and removal of their vehicles, and shall exercise reasonable care and comply with these Terms, all applicable law, and all lawful Host instructions. Parkmeto does not supervise, monitor, or control Driver conduct.
4.2 Licensing, Registration & Insurance. Each Driver represents and warrants that the Driver is validly licensed where required, that each vehicle is lawfully registered and displays valid registration, and that the Driver maintains all insurance required by applicable law, including liability coverage at no less than statutory minimum limits, continuously throughout each Reservation. Parkmeto does not verify licensure, registration, or insurance and has no duty to do so.
4.3 Vehicle Condition. Each Driver represents that the vehicle is reasonably safe and suitable for the reserved Parking Space. Drivers shall not park vehicles that leak fuel, oil, coolant, brake or transmission fluid, or any hazardous substance, or that otherwise create an environmental hazard or unreasonable safety risk. The Driver is solely responsible for all damage, remediation, and cleanup costs arising from any leak, discharge, fire, or hazardous condition, including any environmental assessment or remediation liability.
4.4 Vehicle Size. Drivers are responsible for confirming their vehicle fits within the dimensions and restrictions stated in the Listing. If the vehicle exceeds them, the Host may refuse entry without refund. Parkmeto is not responsible for Listing measurement errors.
4.5 Designated Space Only; No Trespass. A Reservation grants a bare, revocable license to occupy only the designated Parking Space for the stated period. It conveys no tenancy, leasehold, easement, possessory interest, or other property right. Drivers shall not enter garages, dwellings, backyards, sheds, storage areas, other structures, or neighboring property without express authorization.
4.6 Arrival Inspection. Before parking, the Driver shall visually inspect the Parking Space and approach for obvious hazards and unsuitability. If the Driver believes the Parking Space is unsafe or unsuitable, the Driver shall not park and shall promptly notify the Host and Parkmeto through the Platform. By parking, the Driver accepts the Parking Space in its then-existing condition. Parkmeto has no duty to inspect, verify, or warn of any condition.
4.7 Security of Vehicle and Contents. Drivers are solely responsible for securing their vehicles and shall lock doors, close windows, remove valuables from view, and use available alarms. PARKMETO ASSUMES NO RESPONSIBILITY FOR THEFT, ATTEMPTED THEFT, BREAK-IN, VANDALISM, OR DAMAGE OF ANY KIND, OR FOR ANY PERSONAL PROPERTY IN, ON, OR AROUND A VEHICLE, including electronics, luggage, tools, firearms, cash, jewelry, documents, packages, child restraints, or other belongings.
4.8 Prohibited Uses. A Parking Space shall not be used for vehicle storage; commercial repair, maintenance, oil changes, body work, or dismantling; washing where prohibited; waste disposal; charging except as permitted under Section 4.10; camping, sleeping, or overnight occupancy of a vehicle; commercial or business operations without the Host's written consent; loitering; subletting or transferring the Reservation; or any unlawful purpose.
4.9 Hazardous Materials. Drivers shall not bring, store, or transfer hazardous materials on a Property in violation of applicable law, including explosives, flammable or toxic chemicals, controlled substances, or hazardous waste. This does not prohibit fuel contained within a vehicle's own fuel system or other lawful items carried in the ordinary course.
4.10 Electric Vehicles & Charging. Drivers shall not connect a vehicle to any electrical outlet, charger, or power source at a Property without the Host's express, advance authorization through the Platform. Where authorized, the Driver is solely responsible for using equipment that is undamaged, properly rated, and code-compliant, and assumes all risk of fire, electrical fault, overload, equipment damage, and injury arising from charging. The Driver shall reimburse the Host for electricity consumed as agreed and shall indemnify Parkmeto for any Claim arising from charging activity. PARKMETO MAKES NO REPRESENTATION REGARDING THE AVAILABILITY, CAPACITY, SAFETY, COMPATIBILITY, OR CODE COMPLIANCE OF ANY OUTLET, CHARGER, OR ELECTRICAL SYSTEM AT ANY PROPERTY.
4.11 Overstay & Abandonment. Drivers must remove their vehicle before the Reservation expires. Failure to do so may result in additional fees at the Host's posted or reasonable rate, cancellation of future Reservations, towing where authorized by law, and any other lawful remedy. A vehicle left beyond the Reservation without the Host's consent may be treated as abandoned under applicable law, and the Driver is responsible for all storage, towing, notice, lien, and disposal costs. Parkmeto has no responsibility for abandoned vehicles or their removal.
4.12 Fines, Tickets & Violations. Each Driver is solely responsible for all parking and traffic citations, penalties, fines, booting, impound charges, and administrative fees attributable to the Driver's vehicle or conduct. Each Host is solely responsible for any fine, penalty, violation, assessment, or enforcement action assessed against the Host or the Property arising from the offering or use of the Parking Space, including zoning, licensing, permitting, HOA, and municipal enforcement. Parkmeto is not responsible for any such amount and shall be indemnified for any Claim relating to it.
4.13 Damage Caused by Driver. Drivers are solely responsible for all damage they cause to driveways, garages, fences, gates, mailboxes, landscaping, sidewalks, retaining walls, irrigation, lighting, utilities, structures, and neighboring property, and shall cooperate in good faith in resolving legitimate damage claims.
4.14 Compliance with Law. Drivers shall comply with all applicable federal, state, and local law, including parking and traffic regulations, fire codes, and, where applicable, HOA and condominium rules disclosed by the Host.
4.15 ASSUMPTION OF RISK. BY PARKING THROUGH THE PLATFORM, EACH DRIVER KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUMES ALL RISK OF INJURY, DEATH, LOSS, AND PROPERTY DAMAGE ARISING FROM OR RELATING TO THE USE OF PRIVATE RESIDENTIAL PROPERTY FOR PARKING. Such risks include, without limitation: uneven, cracked, or unpaved surfaces; steep or narrow driveways; loose gravel; potholes; curbs, bollards, and posts; retaining walls, fences, and gates; overhead and low-hanging structures; landscaping, sprinklers, and decorative stone; snow, ice, rain, standing water, and flooding; falling branches, ice, and other objects; inadequate or absent lighting; restricted visibility and blind approaches; animals, pets, and wildlife; pedestrians, children, and cyclists; other vehicles and adjacent occupants; criminal acts of third parties, including theft and vandalism; and all other conditions ordinarily or unexpectedly encountered on residential property.
EACH DRIVER ACKNOWLEDGES THAT THESE AND OTHER CONDITIONS MAY EXIST, THAT PARKMETO HAS NOT INSPECTED AND WILL NOT INSPECT ANY PARKING SPACE, AND THAT THE DRIVER ALONE BEARS RESPONSIBILITY FOR DETERMINING WHETHER A PARKING SPACE IS SAFE AND SUITABLE.
4.16 Host Assumption of Risk. Each Host knowingly and voluntarily assumes all risk arising from offering a Parking Space, including accidental property damage; fluid leaks and staining; landscaping, surface, and structural damage; fire and electrical incidents; disputes with neighbors, tenants, or associations; HOA, condominium, insurance, lender, or municipal complaints, penalties, or coverage consequences; personal injury occurring on the Property; trespass; overstay; and vehicle abandonment.
Article 5 — Host Obligations, Listings & Warranties
5.1 Eligibility & Authority. To list a Parking Space, a Host must be at least eighteen (18) years old, have capacity to contract, maintain an active account, and hold the legal right to offer the Parking Space. By publishing a Listing, the Host represents and warrants that the Host owns the Property, has been expressly authorized by the owner, or otherwise holds the legal right to grant temporary parking access.
5.2 Compliance & Approvals. Each Host is solely responsible for determining whether offering parking is lawful and permitted under all applicable federal, state, county, and municipal law; zoning, land-use, licensing, and permitting requirements; HOA and condominium rules; leases and subleases; mortgage and deed restrictions; covenants and easements; and insurance policy terms. PARKMETO MAKES NO REPRESENTATION THAT ANY LISTING OR PARKING SPACE COMPLIES WITH ANY LAW, RULE, OR AGREEMENT, AND OBTAINING ALL REQUIRED CONSENTS, PERMITS, AND LICENSES IS THE HOST'S SOLE RESPONSIBILITY.
5.3 Accurate Listings. Each Listing shall accurately describe the Property and Parking Space location, dimensions, maximum vehicle size, access and approach, availability, restrictions, pricing, and condition, and shall not contain false, misleading, deceptive, or materially incomplete information.
5.4 Photographs. Photographs shall accurately depict the Parking Space, be current, clearly identify the parking area, and not be altered in any materially misleading way. Parkmeto may remove photographs that are inaccurate, misleading, offensive, or non-compliant.
5.5 Condition & Disclosure of Hazards. Each Host represents that, to the best of the Host's knowledge, the Parking Space is reasonably suitable for a vehicle of the size advertised, and shall use reasonable care to keep it free from known hazards and to disclose known hazards, defects, and restrictions in the Listing. Nothing in these Terms requires a Host to guarantee the absence of every possible defect, and nothing in this Section creates any duty on Parkmeto's part.
5.6 Access. Hosts shall use reasonable efforts to provide reasonably safe and unobstructed access during each Reservation, including keeping obvious obstructions clear, identifying gates and barriers, and providing keypad codes, remotes, or access instructions in advance where required. Parkmeto does not inspect or verify access conditions.
5.7 Lighting, Snow & Maintenance. Hosts remain solely responsible for maintaining the Property and for any legal duty they may owe regarding surface condition, lighting, and the removal or treatment of snow and ice. PARKMETO HAS NO OBLIGATION TO INSPECT, REPAIR, MAINTAIN, LIGHT, CLEAR, TREAT, OR IMPROVE ANY PROPERTY OR PARKING SPACE, AND ASSUMES NO RESPONSIBILITY FOR WINTER MAINTENANCE OF ANY KIND.
5.8 Availability & Calendar Accuracy. Hosts shall keep availability reasonably accurate and shall not knowingly advertise an unavailable Parking Space. Repeated inaccuracy may result in reduced ranking, suspension, or removal.
5.9 Pricing. Hosts alone set hourly and daily rates, minimum and maximum durations, and availability. Parkmeto may establish minimum pricing standards, promotional programs, or display conventions but does not otherwise set a Host's prices.
5.10 Honoring Reservations. Hosts shall honor confirmed Reservations except where cancellation is reasonably necessary due to a genuine emergency, safety concern, property damage, severe weather, or other circumstance beyond the Host's reasonable control. Repeated unjustified cancellations may result in account restrictions.
5.11 Emergency Access. A Host may require immediate removal of a vehicle where reasonably necessary to permit emergency access, comply with a lawful government order, or respond to fire, flood, utility failure, or similar emergency, and shall notify the Driver through the Platform where practicable.
5.12 Independent Spaces Only. Unless a Listing expressly and accurately states otherwise, each Parking Space must be independently accessible, so that a Driver can enter and exit without any other vehicle being moved. Hosts shall accurately state the largest vehicle class they accept.
5.13 Host Insurance. EACH HOST SHALL OBTAIN AND MAINTAIN, AT THE HOST'S SOLE EXPENSE, HOMEOWNER'S, RENTER'S, LANDLORD'S, OR COMMERCIAL GENERAL LIABILITY INSURANCE ADEQUATE TO COVER THIRD-PARTY BODILY INJURY AND PROPERTY DAMAGE OCCURRING AT THE PROPERTY IN CONNECTION WITH THE HOST'S USE OF THE PLATFORM, AND SHALL CONFIRM WITH ITS INSURER THAT SUCH USE IS NOT EXCLUDED. Each Host represents that it has done so. PARKMETO DOES NOT PROVIDE, PROCURE, ARRANGE, OR MAINTAIN ANY INSURANCE OF ANY KIND FOR ANY USER — including property, premises liability, general liability, homeowner's, renter's, commercial, vehicle, cargo, contents, or host- or driver-protection coverage — AND OFFERS NO GUARANTEE, REIMBURSEMENT, OR PROTECTION PROGRAM. Parkmeto does not verify insurance and has no duty to do so. Any failure to maintain insurance is at the user's sole risk and does not create liability for Parkmeto.
5.14 Taxes. Hosts are solely responsible for determining, reporting, collecting, and remitting all taxes arising from Payouts and from offering parking, including income, sales, use, occupancy, and parking taxes, and for any registration or licensing obligation. Parkmeto does not provide tax, legal, or accounting advice. Where required by law, Parkmeto may collect, report, remit, or withhold taxes and may issue information returns.
5.15 Disputes Involving Hosts. If a Driver alleges that a Host or a condition of the Property caused damage or injury, or if a Host alleges damage caused by a Driver, that dispute exists solely between those users. Parkmeto is not responsible for investigating, adjudicating, apportioning, or determining fault or liability, and is not liable for such damage. Parkmeto may, at its sole discretion and without assuming any duty, facilitate communication between the parties.
5.16 No Employment. Hosts are independent users of the Platform. Nothing creates employment, agency, partnership, franchise, joint venture, or contractor status between a Host and Parkmeto.
Article 6 — Payments, Fees, Refunds & Payouts
6.1 Payment Services. Parkmeto facilitates payments through third-party processors, including Stripe or others it selects. PARKMETO IS NOT A BANK, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, ESCROW AGENT, TRUSTEE, OR FINANCIAL INSTITUTION, AND DOES NOT HOLD FUNDS IN TRUST FOR ANY USER. All payment processing is subject to the applicable processor's terms, which each user must accept.
6.2 Driver Authorization. By submitting a Reservation, the Driver authorizes Parkmeto and its processor to charge the selected payment method for parking fees, Service Fees, taxes, processing fees, authorized additional charges, overstay and damage amounts permitted under these Terms, and any other amount disclosed before confirmation. The Driver represents authority to use that payment method.
6.3 Payouts. Subject to these Terms and the processor's requirements, Parkmeto will initiate payment of a Host's earnings net of applicable fees. Timing may vary with processor, banking, holiday, fraud-review, and compliance factors. PARKMETO DOES NOT GUARANTEE ANY PAYOUT TIMEFRAME AND IS NOT LIABLE FOR ANY DELAY.
6.4 Service Fees. Parkmeto charges Service Fees for use of the Platform, which may include Driver fees, Host fees, processing fees, and other fees disclosed before payment is finalized. Parkmeto may change its fees prospectively at any time.
6.5 Processor Requirements. Hosts must establish and maintain any account the designated processor requires and provide accurate legal name, tax identification, banking, and payout information. Failure to do so may delay or prevent Payouts, and Parkmeto is not liable for any resulting loss.
6.6 Withholding & Set-Off. Parkmeto may delay, withhold, reverse, or set off amounts otherwise payable where reasonably necessary to investigate suspected fraud or breach, resolve a chargeback or dispute, satisfy amounts a user owes Parkmeto or another user under these Terms, comply with legal or processor requirements, or protect the Platform's security or integrity. Any withholding will be limited to what is reasonably necessary and consistent with applicable law.
6.7 Failed Payments. If payment is declined or cannot be processed, the Reservation is not confirmed, the Host has no obligation to provide the Parking Space, and Parkmeto has no liability arising from the failed transaction.
6.8 Chargebacks. Parkmeto may investigate disputed transactions, request documentation from either party, provide transaction records to processors and card networks, and withhold related Payouts pending resolution. A Driver shall not initiate a chargeback to avoid responsibility for a legitimate charge or damage claim. Parkmeto does not determine chargeback outcomes.
6.9 Refunds. Refunds are governed by the Cancellation & Refund Policy and are generally returned to the original payment method, or by another lawful method where that is unavailable. Service Fees are non-refundable except as required by law or expressly stated in that policy.
6.10 Pricing Errors. If a Listing or fee contains a material pricing error, Parkmeto may cancel the affected Reservation before it begins, correct the price, notify the parties, or offer the Driver the corrected price or a cancellation with refund.
6.11 Collection. Where a user owes amounts under these Terms, Parkmeto may, as permitted by law, charge the payment method on file, offset against credits or future Payouts, retain amounts from refunds, and pursue other lawful collection remedies, including recovery of reasonable collection costs and attorneys' fees.
6.12 Promotional Credits. Promotional credits, referral bonuses, coupons, and incentives have no cash value, are non-transferable, may expire, and may be revoked where obtained through fraud, abuse, or error.
6.13 Currency & Third-Party Charges. Payments process in the currency displayed at checkout. Parkmeto is not responsible for exchange-rate fluctuations, foreign transaction fees, or bank conversion or overdraft charges.
6.14 Payment Security. Payment data is handled by third-party processors under their security practices and terms. Parkmeto does not store complete payment card numbers except as required for lawful business purposes consistent with applicable security standards.
6.15 Unauthorized Transactions. Users must promptly notify Parkmeto of any suspected unauthorized payment. Failure to report within a reasonable period may affect available remedies under applicable law and processor policies.
6.16 No Liability for Payment Infrastructure. To the fullest extent permitted by law, Parkmeto is not liable for losses resulting from banking delays, processor outages or errors, declined transactions, third-party fraud, unauthorized account access beyond Parkmeto's reasonable control, or technical failures affecting payment processing.
6.17 Financial Compliance. Users shall comply with all applicable anti-money-laundering, sanctions, tax-reporting, and financial-crime laws. Parkmeto may refuse, suspend, reverse, or terminate any transaction or account it reasonably believes may violate such law or its processors' requirements.
Article 7 — Disclaimers, Release & Limitation of Liability
THIS ARTICLE LIMITS PARKMETO'S LIABILITY. READ IT CAREFULLY.
7.1 Platform Role Reaffirmed. Parkmeto is solely an online technology platform. It does not own, lease, manage, operate, inspect, supervise, secure, monitor, or control any Parking Space, Property, vehicle, or user, and provides no valet, storage, security, monitoring, towing, or roadside services. Every Reservation is solely between Host and Driver.
7.2 "AS IS" Disclaimer. THE PLATFORM AND ALL CONTENT, LISTINGS, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARKMETO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, SYSTEM INTEGRATION, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NOTHING IN THIS SECTION EXCLUDES A WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.
7.3 No Warranty of Safety, Legality, or Suitability. Parkmeto makes no representation or warranty that any Parking Space or Property is safe, secure, lawful, permitted, insured, free of hazards, properly maintained, accurately described, suitable for any vehicle, or free from criminal activity; that any Host owns the Property, holds authority to offer parking, maintains insurance, or has obtained any required approval; or that any Driver is licensed, insured, competent, or law-abiding.
7.4 No Warranty of Availability or Performance. Parkmeto does not warrant that the Platform will be available, uninterrupted, timely, secure, or error-free; that defects will be corrected; that any Reservation will be accepted or performed; that any Host or Driver will perform; that parking will be available in any location or at any time, including during peak periods, special events, or emergencies; or that any Host will achieve any level of earnings, occupancy, or demand.
7.5 Technology, Third Parties & Links. Parkmeto is not liable for hardware or software failures, bugs, internet or cellular outages, GPS or mapping inaccuracy, cloud or hosting interruptions, notification or message non-delivery, or the performance, availability, security, or practices of any third-party service, including processors, mapping, hosting, email, SMS, and identity-verification providers, or any linked third-party website. Users access third-party services at their own risk.
7.6 Security. Parkmeto uses commercially reasonable measures to protect the Platform but does not warrant that it is immune from hacking, malware, ransomware, phishing, denial-of-service attacks, unauthorized access, or data breach. Users are responsible for their own devices and credentials.
7.7 No Professional Advice. Information provided through the Platform is general information only. Parkmeto does not provide legal, tax, accounting, insurance, engineering, safety, or property-inspection advice, and no statement by Parkmeto or its personnel shall be construed as such. Users should consult qualified professionals.
7.8 Specific Disclaimers. To the fullest extent permitted by applicable law, Parkmeto shall not be liable for any Claim arising from or relating to: theft of, attempted theft of, or break-in to a vehicle, or theft of vehicle parts, catalytic converters, wheels, tires, keys, or contents; vandalism or malicious damage; damage caused by any Host, Driver, neighbor, pedestrian, cyclist, contractor, delivery or utility personnel, government actor, trespasser, or criminal; falling branches, ice, or objects; hail, storm, wind, lightning, flooding, snow, ice, earthquake, wildfire, or other weather or natural event; construction, utility, or roadway work; road debris or animals; conditions of any driveway, surface, structure, or Property; slips, trips, falls, or collisions; personal injury or death; towing, booting, impound, or vehicle removal; abandonment; fines, citations, or enforcement actions; disputes between users; inaccurate, incomplete, or fraudulent Listings; unauthorized or unlawful use of a Property; interruption, unavailability, or malfunction of the Platform; or the acts or omissions of any user or third party.
7.9 No Security Guarantee. Parkmeto does not guarantee that any Parking Space is monitored by cameras, alarms, guards, gates, access control, or neighborhood watch. Any security feature described in a Listing is provided and represented solely by the Host.
7.10 RELEASE AND COVENANT NOT TO SUE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH USER HEREBY RELEASES, WAIVES, ACQUITS, AND FOREVER DISCHARGES PARKMETO LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "PARKMETO PARTIES") FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE PLATFORM, ANY LISTING, ANY RESERVATION, ANY PARKING SPACE, ANY PROPERTY, ANY VEHICLE, OR THE ACTS OR OMISSIONS OF ANY USER OR THIRD PARTY — INCLUDING CLAIMS FOR VEHICLE DAMAGE, THEFT, VANDALISM, PROPERTY DAMAGE, TOWING, PERSONAL INJURY, DEATH, ECONOMIC LOSS, AND CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY PARKMETO PARTY.
EACH USER COVENANTS NOT TO SUE ANY PARKMETO PARTY UPON ANY RELEASED CLAIM, AND EXPRESSLY WAIVES THE BENEFIT OF ANY STATUTE OR RULE PROVIDING THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS UNKNOWN AT THE TIME OF EXECUTION.
THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE RELEASED, INCLUDING, WHERE APPLICABLE LAW SO PROVIDES, LIABILITY FOR GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT, OR FRAUD.
7.11 Waiver of Subrogation. To the fullest extent permitted by applicable law, each user waives, and shall cause its insurers to waive, all rights of subrogation, contribution, and indemnity against the Parkmeto Parties with respect to any loss covered or coverable by that user's insurance, and shall obtain any insurer consent necessary to give effect to this waiver. No insurer shall acquire, by payment or otherwise, any right against any Parkmeto Party that the insured has released under these Terms.
7.12 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PARKMETO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, ANY RESERVATION, OR ANY PARKING SPACE — WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT PARKMETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS — SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SERVICE FEES ACTUALLY PAID BY THE CLAIMANT TO PARKMETO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).
7.13 NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARKMETO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST INCOME, LOST EARNINGS, LOST DATA, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, DIMINUTION IN VALUE, COST OF SUBSTITUTE SERVICES, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS.
7.14 ALLOCATION OF RISK; SAVINGS CLAUSE. THE PARTIES AGREE THAT THESE LIMITATIONS ALLOCATE RISK BETWEEN THEM, ARE A MATERIAL BASIS OF THE BARGAIN, AND ARE REFLECTED IN THE FEES CHARGED, AND THAT THEY APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT PERMIT CERTAIN EXCLUSIONS OR LIMITATIONS; IN THOSE JURISDICTIONS, THE PARKMETO PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE REMAINDER OF THESE PROVISIONS REMAINS IN FULL FORCE.
7.15 Force Majeure. Parkmeto shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, severe weather, hurricanes, tornadoes, floods, earthquakes, wildfires, pandemics or epidemics, war, terrorism, civil unrest, labor disputes, utility or telecommunications failure, internet outage, cyberattack, supplier or processor failure, governmental action, and court order.
7.16 Beta Features. Experimental or beta features are provided without warranty and may be modified, suspended, or discontinued at any time without liability.
7.17 Survival. This Article survives termination of these Terms, deletion of any account, completion of any Reservation, and discontinuation of the Platform.
Article 8 — Damage Claims, Disputes Between Users & Indemnification
8.1 Allocation of Responsibility. Each user is solely responsible for all loss, damage, injury, and expense resulting from that user's acts or omissions, and from those of its passengers, household members, tenants, employees, agents, contractors, and invitees. Neither a Reservation nor use of the Platform transfers any such responsibility to Parkmeto.
8.2 Claims Between Users. All disputes concerning property damage, vehicle damage, personal injury, towing, parking conditions, alleged negligence, fees, or Reservation performance are solely between the Driver and the Host. Each may pursue remedies directly against the other under applicable law. PARKMETO IS NOT LIABLE FOR ANY SUCH CLAIM, DOES NOT DETERMINE FAULT OR LEGAL RESPONSIBILITY, AND IS NOT A GUARANTOR, INSURER, ADJUSTER, MEDIATOR, ARBITRATOR, OR COLLECTION AGENT FOR EITHER PARTY.
8.3 Notice of Damage. A user alleging damage shall report it through the Platform as soon as reasonably practicable and, in any event, no later than seventy-two (72) hours after the end of the relevant Reservation or discovery of the damage, whichever is earlier. Reports should include photographs, date and time, Reservation number, a description of the damage, repair estimates, and contact information. Failure to report within that period may prejudice the availability of Platform assistance and evidence. Submitting a report creates no liability, duty, or obligation on Parkmeto's part.
8.4 Parkmeto's Optional Role. Parkmeto may, in its sole discretion and without assuming any duty, facilitate communication between disputing users, request documentation, preserve Platform records, and pause Payouts directly related to a reported dispute where reasonably necessary and consistent with applicable law. Parkmeto has no obligation to investigate facts, gather or preserve evidence, determine fault, assess liability, mediate or arbitrate, advance funds, or collect on any user's behalf.
8.5 No Admission. Any assistance, communication, records, refund, credit, goodwill payment, Payout adjustment, or other accommodation Parkmeto provides is voluntary and shall not constitute an admission of fault or liability, an assumption of any duty, a course of dealing, or a waiver of any right or defense.
8.6 Theft, Crime & Injury. If a vehicle is stolen, broken into, or vandalized, or if any person is injured, the affected user should contact law enforcement or emergency services immediately, notify their insurer, and may notify the other user and Parkmeto. Parkmeto is not responsible for investigating criminal activity, responding to emergencies, or compensating any resulting loss.
8.7 Fraudulent Claims. Users shall not knowingly submit false or misleading claims, including fabricated damage, altered photographs or documents, inflated or false repair estimates, staged incidents, or fraudulent insurance claims. Parkmeto may suspend or terminate accounts and report suspected criminal conduct to authorities where permitted or required by law.
8.8 Cooperation. Users shall cooperate in good faith with reasonable requests for information, provide truthful documentation, preserve relevant evidence where practicable, and communicate respectfully.
8.9 No Duty to Litigate. Parkmeto has no obligation to file or defend any action on any user's behalf, collect any judgment, negotiate any settlement, provide legal advice, or pay any user's legal expenses.
8.10 INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH USER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PARKMETO PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, LIENS, LIABILITIES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE, ARISING OUT OF OR RELATING TO:
(a) the user's breach of these Terms or of any representation or warranty herein; (b) the user's negligent, reckless, or unlawful acts or omissions; (c) the user's use of or presence on the Platform, any Property, or any Parking Space; (d) any Reservation or any dispute with another user; (e) damage to real or personal property; (f) bodily injury, illness, or death; (g) the ownership, operation, condition, parking, charging, towing, or abandonment of any vehicle; (h) the condition, ownership, legality, or permitted use of any Property or Parking Space; (i) any citation, fine, assessment, or enforcement action; (j) any tax obligation; (k) violation of any applicable law, including anti-discrimination, civil rights, fair housing, accessibility, zoning, licensing, privacy, and recording laws; (l) infringement or violation of any third-party right; (m) content the user submits; and (n) Claims asserted by the user's passengers, household members, tenants, employees, agents, contractors, invitees, insurers, or family members.
Parkmeto may, at its option and at the indemnifying user's expense, assume the exclusive defense and control of any matter subject to indemnification, and the user shall cooperate fully. The user shall not settle any matter in a way that imposes any obligation or admission on any Parkmeto Party without Parkmeto's prior written consent.
8.11 Prevailing Party Fees. In any action or proceeding to enforce these Terms, to enforce an indemnity obligation, or to collect amounts owed, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert fees, and costs, to the fullest extent permitted by applicable law.
8.12 Survival. This Article survives termination of these Terms and of any account.
Article 9 — Prohibited Conduct & Enforcement
9.1 General. Users shall use the Platform lawfully, honestly, and in good faith, and shall not engage in conduct that violates these Terms or applicable law, infringes another's rights, interferes with Platform operation, compromises Platform security, or harms Parkmeto's reputation.
9.2 Fraud. Prohibited conduct includes creating fake accounts; using stolen identities or payment methods; publishing false Listings; staging or fabricating damage claims; submitting altered photographs, documents, or invoices; creating false Reservations; manipulating Reservation or review history; and insurance fraud. Parkmeto may immediately suspend or terminate accounts it reasonably suspects of fraud.
9.3 False Listings. Hosts shall not publish Listings for spaces that do not exist, are unavailable, are materially misleading, misrepresent the Parking Space, or are offered without legal authority.
9.4 Off-Platform Circumvention. Users shall not use the Platform to identify one another and then transact off-Platform to avoid Service Fees, including by exchanging payment details before booking, requesting cash payment, redirecting users to other services, or arranging repeat bookings off-Platform. Parkmeto may recover fees avoided, suspend or terminate accounts, and pursue other remedies.
9.5 Review Manipulation. Users shall not submit false reviews, pay for or trade compensation for reviews, coerce or threaten another user to obtain a favorable review, or use multiple accounts to influence ratings.
9.6 Harassment & Discrimination. Users shall not threaten, stalk, harass, defame, or abuse any person, or unlawfully discriminate on the basis of any protected characteristic.
9.7 Illegal Use. The Platform shall not be used for theft, trespass, vandalism, money laundering, identity theft, trafficking, fraud, unauthorized property access, or any other unlawful purpose.
9.8 Technical Abuse. Users shall not attempt unauthorized access to the Platform, interfere with its security or fraud-detection systems, bypass authentication, exploit vulnerabilities, use another's account, reverse engineer or decompile the Platform, interfere with APIs, or circumvent payment systems. Without Parkmeto's written consent, users shall not use bots, scrapers, crawlers, or automated scripts, or harvest user or Listing data. Reasonable automated access for search indexing or accessibility may be permitted where authorized.
9.9 Promotional Abuse. Users shall not abuse referral, credit, discount, coupon, or reward programs. Parkmeto may revoke benefits obtained through misuse.
9.10 Investigations; Enforcement. Parkmeto may investigate suspected violations and users shall cooperate with reasonable requests, but Parkmeto is not obligated to investigate any complaint. Parkmeto may remove Listings or content, restrict features, suspend or terminate accounts, cancel Reservations involving suspected fraud or material breach, withhold Payouts consistent with Article 6, and restrict Platform access — with or without notice where immediate action is reasonably necessary.
9.11 Law Enforcement. Where required or permitted by law, Parkmeto may cooperate with law enforcement and governmental authorities and respond to valid legal requests. Nothing in these Terms creates a general duty for Parkmeto to monitor user activity or to report any matter.
9.12 Reservation of Rights; No Waiver. Parkmeto reserves all rights available under these Terms and applicable law. Failure to enforce any provision on one occasion is not a waiver of the right to enforce it later.
9.13 Appeals. A user may appeal a suspension or termination through Parkmeto's designated support process. Parkmeto will review appeals in good faith but retains full discretion, and submission of an appeal does not guarantee reinstatement or create any entitlement.
Article 10 — Content, Intellectual Property & Privacy
10.1 Ownership. The Platform and all software, source code, databases, designs, graphics, icons, logos, trademarks, trade dress, layouts, text, APIs, and documentation are owned by or licensed to Parkmeto LLC and protected by United States and international intellectual property law. Nothing transfers ownership of any intellectual property to any user.
10.2 Limited License. Subject to compliance with these Terms, Parkmeto grants each user a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose. This license terminates automatically upon suspension or termination of the account.
10.3 Restrictions. Users shall not copy, reproduce, sell, sublicense, distribute, mirror, modify, translate, or create derivative works from the Platform or its content, or use Platform data to build or operate a competing service.
10.4 Brand. "Parkmeto," "Parkmeto LLC," and all associated logos, icons, marks, and slogans are the exclusive property of Parkmeto LLC and may not be used without prior written permission.
10.5 User Content & License to Parkmeto. Users retain ownership of content they create. By submitting content, each user grants Parkmeto a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, display, distribute, publish, translate, adapt, reformat, excerpt, archive, and use that content to operate, improve, secure, promote, and market the Platform, in any medium. This license survives until the content is removed, except where retention is reasonably necessary for legal, security, fraud-prevention, backup, or compliance purposes, and survives indefinitely as to copies already incorporated into marketing materials.
10.6 User Warranties. Each user represents and warrants that it owns or holds all rights necessary to submit its content and to grant the license above, that the content is accurate and not misleading, and that it does not infringe or violate any copyright, trademark, privacy, publicity, or other right. Users are solely responsible for content they submit.
10.7 Listing Photographs. Hosts acknowledge that Listing photographs may appear in search results, advertising, promotional emails, social media, applications, and website marketing, and that Parkmeto may resize, crop, or optimize them provided such changes do not materially misrepresent the Parking Space.
10.8 Reviews and Ratings. The Platform may allow Drivers and Hosts to review and rate one another following a Reservation. Reviews are provided by users, not by Parkmeto.
(a) Eligibility and window. Only a Driver and Host who were parties to the same confirmed Reservation may review one another, and only with respect to that Reservation. Reviews must be submitted within fourteen (14) days after the Reservation period ends, after which the opportunity to review expires. Parkmeto may decline to publish a review submitted by a user who did not complete a Reservation.
(b) Honest reviews are welcome. Nothing in these Terms prohibits, penalizes, or restricts a user from publishing an honest review, including a negative one, and Parkmeto will not condition any refund, Payout, credit, or account standing on a user's agreement to withhold, alter, or remove a truthful review. This subsection is intended to comply with the federal Consumer Review Fairness Act and analogous law, and controls over any contrary reading of these Terms.
(c) Content standards. Reviews shall reflect the reviewer's genuine, first-hand experience of the Reservation and shall be truthful and not misleading. Reviews shall not contain knowingly false statements of fact; profanity, harassment, threats, or hateful content; unlawful discrimination or reference to another person's protected characteristics; defamatory or trade-libelous statements; another person's full address, license plate, telephone number, email, financial information, or other personal or confidential information; content unrelated to the Reservation; commercial solicitation, spam, or links; or content that infringes any third-party right.
(d) No coercion or review extortion. Users shall not threaten, offer, demand, or exchange anything of value to influence a review, whether their own or another's. Prohibited conduct includes threatening a negative review, or promising to remove or withhold one, in order to obtain a refund, Payout adjustment, extension, free or discounted parking, withdrawal of a damage claim, or any other concession; offering compensation for a favorable review; and retaliating against a user for a truthful review. Parkmeto may remove reviews obtained through such conduct and may suspend or terminate the accounts involved.
(e) Manipulation. Users shall not submit reviews through additional or fraudulent accounts, arrange reciprocal or traded reviews, create Reservations for the purpose of generating reviews, or otherwise manipulate ratings or search ranking, as further provided in Section 9.5.
(f) Moderation; no right to removal. Parkmeto may, in its sole discretion and without notice, publish, decline to publish, reject, remove, or reinstate any review, and may remove reviews that violate these Terms or applicable law. PARKMETO HAS NO OBLIGATION TO PUBLISH, DISPLAY, VERIFY, INVESTIGATE, FACT-CHECK, MODERATE, OR RETAIN ANY REVIEW, AND NO USER HAS ANY RIGHT TO HAVE A REVIEW PUBLISHED, EDITED, SUPPRESSED, OR REMOVED, INCLUDING A REVIEW THE USER BELIEVES IS UNFAIR, UNFLATTERING, OR INACCURATE. Parkmeto may offer a process to flag a review or to post a factual response, but is not obligated to act on any flag or to adjudicate any factual dispute. Any moderation Parkmeto elects to perform is undertaken as a service provider consistent with Section 1.10 and creates no duty of care.
(g) No endorsement; no warranty of ratings. Parkmeto does not adopt, endorse, verify, or guarantee the accuracy, completeness, or reliability of any review, rating, average score, badge, ranking, or aggregate statistic displayed on the Platform. Reviews are the opinions of individual users and are not statements by Parkmeto. Users shall not rely on reviews or ratings as a representation or warranty by Parkmeto regarding any user, Listing, Parking Space, Property, or vehicle, and shall independently evaluate whether to transact.
(h) Persistence. Reviews and ratings relate to the Reservation and to the reviewed user's Platform history. Parkmeto may retain and continue to display reviews after a Reservation is completed, a Listing is removed or deactivated, or an account is closed, suspended, or terminated, and may associate a user's review history with any subsequent account that user creates. Closing an account does not entitle a user to removal of reviews.
(i) Responsibility and indemnity. Each user is solely responsible for the reviews and ratings it submits and for any consequence of them. To the fullest extent permitted by applicable law, each user shall defend, indemnify, and hold harmless the Parkmeto Parties from and against any Claim arising out of or relating to a review or rating that user submits, including any claim of defamation, libel, slander, trade libel, false light, invasion of privacy, publicity rights, harassment, tortious interference, or unfair competition, in accordance with Section 8.10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARKMETO PARTIES SHALL HAVE NO LIABILITY ARISING FROM ANY REVIEW OR RATING SUBMITTED BY ANY USER, OR FROM PARKMETO'S DECISION TO PUBLISH, DECLINE TO PUBLISH, REMOVE, OR RETAIN ANY REVIEW.
10.9 Messages. Users are solely responsible for statements, promises, representations, and agreements made through Platform messaging. Parkmeto is not responsible for user communications.
10.10 Privacy. Collection, use, storage, and disclosure of personal information are governed by the Parkmeto Privacy Policy, incorporated by reference. By using the Platform, users acknowledge that Parkmeto may process personal information as described there and as permitted by applicable law.
10.11 Public Information. Certain information may be publicly displayed, including display name, profile photograph, Listing information, general location, reviews, ratings, and availability. Users should not submit information they do not wish to be displayed where the Platform indicates it will be.
10.12 Feedback. If a user submits suggestions, ideas, or feature requests, the user grants Parkmeto a perpetual, irrevocable, worldwide, royalty-free license to use, modify, implement, and commercialize that feedback without compensation, attribution, or obligation, and waives any claim to it.
10.13 Copyright Complaints. A person who believes content on the Platform infringes their copyright may submit a written notice to Parkmeto's designated agent at containing the information required by 17 U.S.C. § 512. Parkmeto may remove or disable access to allegedly infringing material and may terminate repeat infringers.
10.14 Other Users' Privacy. Users shall not collect personal information about other users except as necessary to complete a Reservation, and shall not sell, publish, or disclose another user's information or use it for unsolicited marketing.
10.15 Recording Devices. Hosts shall accurately disclose in the Listing any camera, audio, or other recording device that monitors any area relevant to a Reservation, and shall not operate any device in any location where a person has a reasonable expectation of privacy. Each Host is solely responsible for compliance with all applicable surveillance, wiretapping, eavesdropping, and consent laws and shall indemnify Parkmeto for any Claim arising from recording. Drivers are responsible for reviewing Listing disclosures before booking. PARKMETO DOES NOT VERIFY THE PRESENCE, ABSENCE, DISCLOSURE, OR LEGALITY OF ANY RECORDING DEVICE.
10.16 Data Retention. Parkmeto may retain Reservation, payment, communication, review, content, and account data for as long as reasonably necessary to operate the Platform, comply with legal obligations, resolve disputes, prevent fraud, and enforce these Terms. Retention creates no duty to investigate, or to preserve evidence for any litigation beyond applicable legal requirements.
10.17 Survival. The licenses, intellectual property protections, and retention provisions of this Article survive termination to the extent necessary to protect Parkmeto's rights and comply with law.
Article 11 — Term, Termination & Effect
11.1 Term. These Terms apply from a user's first access to the Platform and continue until terminated.
11.2 Termination by User. A user may stop using the Platform and request account closure at any time. Closure does not relieve the user of obligations accrued before closure, including payment, indemnity, and dispute-resolution obligations, and does not entitle the user to any refund except as provided in the Cancellation & Refund Policy.
11.3 Termination by Parkmeto. Parkmeto may suspend or terminate any account, Listing, or Reservation, or discontinue the Platform in whole or in part, at any time, with or without cause and with or without notice, to the extent permitted by applicable law. Parkmeto shall have no liability to any user for any such action, including for lost bookings, lost earnings, or lost business opportunity.
11.4 Effect. Upon termination, the user's license ends and access may be revoked. Sections and Articles that by their nature should survive do survive, including Articles 1, 6 (as to amounts owed), 7, 8, 10, 12, and 13.
Article 12 — General Provisions
12.1 Entire Agreement. These Terms, together with the Privacy Policy, Cancellation & Refund Policy, and any policy expressly incorporated by reference, constitute the entire agreement between each user and Parkmeto regarding the Platform and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written. No statement by any employee, contractor, or representative of Parkmeto modifies these Terms unless made in a writing signed by an authorized officer.
12.2 No Reliance. Each user acknowledges that it has not relied on any representation, warranty, statement, projection, or assurance not expressly set forth in these Terms, including any representation regarding earnings, demand, availability, safety, security, insurance, or legality.
12.3 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions shall remain in full force and effect. Severance of any provision of Article 13 shall be governed by Section 13.12.
12.4 No Waiver. No failure or delay in exercising any right operates as a waiver. Any waiver must be in a writing signed by an authorized representative of Parkmeto.
12.5 Assignment. Users may not assign or transfer any right or obligation under these Terms without Parkmeto's prior written consent, and any attempted assignment is void. Parkmeto may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, sale of assets, reorganization, financing, or by operation of law.
12.6 No Third-Party Beneficiaries. Except for the Parkmeto Parties, who are intended beneficiaries of the release, limitation of liability, indemnity, and dispute-resolution provisions, these Terms create no third-party beneficiary rights.
12.7 Relationship. Nothing creates employment, agency, partnership, joint venture, franchise, or fiduciary relations between Parkmeto and any user. Hosts and Drivers remain independent.
12.8 Electronic Communications & Notices. Users consent to receive communications electronically, including by email, in-app notification, and, where consent is given, SMS, and agree that such communications satisfy any legal writing requirement. Legal notices to Parkmeto must be sent to support@parkmeto.com. Notices to a user may be sent to the contact information on file, and users are responsible for keeping it current. Notice is deemed given on the date sent electronically or three (3) business days after mailing.
12.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms shall not be construed against the drafter. The English-language version controls.
12.10 Export & Sanctions. Users represent that they are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. sanctions, and are not listed on any U.S. government restricted-party list.
12.11 Contact. Questions regarding these Terms may be directed to support@parkmeto.com
Article 13 — Governing Law, Arbitration & Class Action Waiver
THIS ARTICLE AFFECTS HOW DISPUTES ARE RESOLVED. READ IT CAREFULLY.
13.1 Governing Law. These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Sections 13.3 through 13.13. Nothing in this Section deprives a consumer of mandatory protections that cannot be waived under the law of the consumer's place of residence.
13.2 Informal Resolution First. Before commencing arbitration or litigation, the complaining party shall send a written Notice of Dispute to the other, describing the claim, the relevant Reservation, the relief sought, and contact information, and the parties shall attempt in good faith to resolve it. Notices to Parkmeto go to the address in Section 12.8. Neither party may commence arbitration until sixty (60) days after the Notice of Dispute is sent. This requirement is a condition precedent to arbitration, and the limitations period in Section 13.14 is tolled during it. Either party may seek to enjoin the other from proceeding in breach of this Section, and a court or arbitrator may award fees for such a breach.
13.3 Agreement to Arbitrate. Except as stated in Section 13.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Reservation, any Listing, any payment, any account, any communication, or the relationship between the parties — including claims arising before acceptance of these Terms and claims of any legal theory — shall be resolved exclusively by final and binding individual arbitration, and not in court. This agreement to arbitrate is mutual and binds Parkmeto equally.
13.4 Right to Opt Out. A user may reject this arbitration agreement by sending written notice to Parkmeto at the address in Section 12.8 within thirty (30) days after first accepting these Terms, stating the user's name, account email, and an unambiguous statement of the decision to opt out of arbitration. A timely opt-out does not affect any other provision of these Terms, including the class action and jury trial waivers to the extent enforceable, and will not be a basis for any adverse action against the user. Absent a timely opt-out, arbitration is mandatory.
13.5 Exceptions. Either party may bring a qualifying individual claim in small claims court, and either party may seek temporary, preliminary, or permanent injunctive relief, or other equitable relief, in a court of competent jurisdiction to protect intellectual property, confidential information, or Platform security, or to prevent irreparable harm. Seeking such relief is not a waiver of the right to arbitrate.
13.6 Arbitration Administrator & Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect when the claim is filed, as modified by these Terms. If the AAA is unavailable or unwilling to administer consistent with these Terms, the parties shall agree on a substitute administrator or, failing agreement, a court may appoint one. The AAA's rules are available at adr.org.
13.7 Arbitrator & Authority. A single neutral arbitrator shall be appointed under the applicable rules. The arbitrator has exclusive authority to resolve all issues of arbitrability, including the scope, formation, interpretation, applicability, and enforceability of this arbitration agreement, except that a court shall decide the enforceability of Section 13.9 (Class Action Waiver). The arbitrator shall apply these Terms as written, including Article 7, may award only individual relief warranted by the claimant's own claim, and may not award relief to or on behalf of any non-party or the general public. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.8 Location, Format & Fees. Unless the parties agree otherwise, arbitration shall be conducted on the written record, by telephone, or by videoconference, or, where an in-person hearing is required, in the county of the claimant's residence or another mutually agreed location. Filing, administrative, and arbitrator fees shall be allocated under the applicable AAA rules; where those rules or applicable law require, Parkmeto will pay or reimburse fees to the extent necessary for this arbitration agreement to be enforceable. Each party otherwise bears its own attorneys' fees except where a statute or these Terms provide for fee-shifting.
13.9 CLASS ACTION AND COLLECTIVE RELIEF WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
13.10 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
13.11 NO CONSOLIDATION. Arbitrations may not be consolidated without the written consent of all parties.
13.12 Mass Arbitration Protocol. If twenty-five (25) or more similar demands for arbitration are asserted against Parkmeto by or with the assistance of the same or coordinated counsel, the demands shall be administered in sequential batches of no more than fifty (50), grouped by the administrator. The parties shall arbitrate each batch to conclusion before the next begins, and the applicable limitations period shall be tolled for all demands not yet in an active batch. This Section is intended to promote efficient resolution; a court shall determine its enforceability, and if it is unenforceable, the parties shall confer in good faith on an alternative process.
13.13 Severability Within This Article. If Section 13.9 is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and brought exclusively in the courts identified in Section 13.15, and all other claims shall proceed in arbitration. If any other provision of this Article is found unenforceable, it shall be severed and the remainder of the Article shall remain in effect. If the entirety of Sections 13.3 through 13.13 is found unenforceable, Sections 13.10 and 13.15 nonetheless survive.
13.14 One-Year Limitations Period. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED — BY FILING AN ARBITRATION DEMAND OR, WHERE PERMITTED, A COURT ACTION — WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. This Section does not shorten any period that cannot lawfully be shortened.
13.15 Exclusive Forum for Non-Arbitrable Claims. For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state courts located in Middlesex County, New Jersey, and the United States District Court for the District of New Jersey, waive any objection to personal jurisdiction or venue therein, and waive any defense of inconvenient forum.
13.16 Changes to This Article. If Parkmeto materially changes this Article after a user's acceptance, the user may reject the change by written notice within thirty (30) days, in which case the version in effect immediately before the change governs disputes arising before the rejection.
13.17 Survival. This Article survives termination of these Terms and of any account.
Acknowledgment
BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE ASSUMPTION OF RISK (SECTIONS 4.15 AND 4.16), THE RELEASE AND COVENANT NOT TO SUE (SECTION 7.10), THE LIMITATION OF LIABILITY (SECTIONS 7.12 THROUGH 7.14), THE INDEMNIFICATION OBLIGATION (SECTION 8.10), AND THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (ARTICLE 13), AND THAT YOU AGREE TO BE BOUND BY THEM.
