Terms of Service
Hasty Parking Inc. (“Hasty Parking”, “we”, or “us”) is thrilled to bring you the most user-friendly, practical, and convenient way to rent your parking spaces or find and rent a parking space. Our online platform connects parking space owners (“Hosts”) with persons seeking to rent parking spaces (“Guests”) and facilitating a transaction between the Hosts and Guests (collectively, the “Services“). Services are accessible to users at www.hastyparking.com and any other websites through which we makes the Services available (collectively, the “Site“) and as applications for mobile, tablet, and other smart devices and application program interfaces (“APIs”) (collectively, the “Application“, and together with the Services and Site, the “Platform”).
These Terms of Service are between you and Hasty Parking. Any and all payments and payouts conducted through or in connection with the Platform are subject to the Payments Terms https://www.hastyparking.com/payment-terms/.
BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS.
Last Updated: July 31, 2018
- Terms of Service.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using or accessing the Platform. Failure to use the Platform in accordance with these Terms may subject you to civil and criminal penalties. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION.
The Platform comprises an online platform through which Hosts may list parking spaces for rent and Guests may rent such parking spaces from Hosts in order to park their motor vehicles, subject to the conditions herein. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS. WE HAVE NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS, AND OTHER USERS OF THE PLATFORM, OR ANY LISTED PARKING SPACES, AND WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO LIST A PARKING SPACE FOR RENT WITH HASTY PARKING, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH US IS AS AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER, OR PARTNER OF HASTY PARKING FOR ANY REASON. WE DO NOT CONTROL, AND HAVE NO RIGHT TO CONTROL, YOUR PARKING SPACE OR ANY MATTERS RELATING TO YOUR PARKING SPACE.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Platformis intended solely for persons who possess a valid U.S. driver’s license and have valid motor vehicle insurance coverage(even if not required in your state) with minimum insurance coverages required by applicable state law. Any access to or use of the Platform by anyone without a valid U.S. driver’s license, or without required car insurance coverage is expressly prohibited. By accessing or using the Platform you represent and warrant that you possess a valid U.S. driver’s license and have valid car insurance coverage as required by your applicable state law. You acknowledge that it is your responsibility to follow local law, including if you live or access the Services in a location where the Services are prohibited by local law. The Services are offered solely for your use, and not for any third parties.
By using the Platform, you represent that you have either reached the age of “majority” where you live. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create an Account (as defined below).
In order to access certain features of the Site and Application, and to list or rent a parking space, you must register to create an account (“Account“). You may register to join the Services via the Site or Application. You may not have more than one (1) active Account. However, you may list more than one parking space under your Account, in which case, youwilllist each space and obtain a Space Marker or Space Sticker (each term, defined below) for each listing. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account and your access to the Platform if you create more than one (1) Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party, and you agree to refrain from publishing, distributing, or publicly posting login information for your Account. You will not (i) select or use as a username with the intent to impersonate another person; (ii) use as a username a name to which you do not have authorization to use; (iii) use as a username a name that is offensive, vulgar, or obscene.
Unless expressly authorized by Hasty Parking, you are not permitted to allow third parties to access or use your Account. Hasty Parking may enable features, in our sole discretion, that permit other Accounts to take certain actions associated with your Account on your behalf (subject to your express authorization), such as renting a parking space on your behalf or adding a family member to your Account as an additional Host.
You agree that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Hasty Parking of any unauthorized use of your Account. You may delete your Account by contacting us or through the Account settings.
- How Hasty Parking Works.
|Register an Account; purchase and install Space Marker or Space Sticker according to instructions||Register an Account|
|Describe your parking space; set the date, time, and length of rental; provide logistics details and payment terms; set your rental price|
|Upload a single photo of your parking space showing the Space Marker or Space Sticker installed in the front-left corner of your space and send to Hasty Parking for approval|
|Upon Hasty Parking’s approval, parking space is listed for rent and is live on our Site.||Peruse the Site or use the Application to locate a parking space|
|Select a parking space|
|We send a text message/email to Guest via Hasty Parking confirming the rental||Acknowledge acceptance of the rental terms and confirm rental|
|Accept payment (funds will be credited via ACH to your bank account)||Pay the Host via credit or Debit card|
|Pay us a facilitation feeof 7.5% (includes credit card processing fee)||Pay us a facilitation fee of 7.5% (includes credit card processing fee)|
|Enjoy yourGuest!||Enjoy your parking space!|
|Receive a text from us confirming your reservation, once booked|
|Receive a text from us alerting you that your rental is about to expire; extend rental if desired (and if available)|
|Provide feedback via internet or phone||Provide feedback via internet or phone|
|You are responsible for all taxes||If use taxes apply to you, you are responsible for them|
If you are a Host: After creating an Account, and prior to listing a parking space for rent on the Site or Application, you must purchase a free-standing space identification marker (“Space Marker”)or, for a parking space comprising at least one walled side, a space identification sticker (“Space Sticker”) via the Site or Application. Space Markersand Space Stickerswill usually be mailed to you within 48 hours of your purchase, weekends and holidays notwithstanding. Upon receipt of the Space Marker or Space Sticker, you will install it in your parking space according to the instructions delivered with the Space Markeror Space Sticker.[Notwithstanding the foregoing, a unique Space Marker and/or Space Sticker shall not be required for each individual parking space listed for Event Parking.]
To create the listing for your parking space, you will be asked questions about the parking space, including, but not limited to, the location, size, other features, pricing, and availability of the parking space. You will also be asked to provide any specific instructions related to the use of your parking space.
In order to finalize the listing for your parking space, after installing the Space Markeror Space Sticker, you will photograph your parking space showing the installed Space Marker or Space Sticker and upload a singlephoto clearly showing the Space Marker or Space Sticker installed in the front-left corner of your space to your Account for review and approval by Hasty Parking.
Subject to Hasty Parking’s approval of your listing, your parking space will be made publicly available to rent during the available time periods you have identified via the Platform.
Other users with Accounts will be able to rent your parking space via the Platform based upon the information provided in your listing and such users’ search preferences. You understand and agree that once a user selects your parking space to rent, you shall honor such reservation at the price provided in your listing. See Payment Terms https://www.hastyparking.com/payment-terms/ for cancellation and refund policies.
You acknowledge and agree that you alone are responsible for any and all listings and User Content (as defined below) you post. Accordingly, you represent and warrant that your User Content, any listing you post, and any user’s rental of your parking space (i) will not breach any agreements you have entered into with any third parties; (ii) will be in compliance with all applicable laws, rules, and regulations (including without limitation federal, state, local and zoning laws); and (iii) will not conflict with the rights of third parties.
Hasty Parking reserves the right, at any time and without prior notice, to remove or disable access to any listing of a parking space for rent for any reason, including those that Hasty Parking, in our sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
Hasty Parking will collect the total fees payable from the Guest upon confirmation of the rental and will initiate payment (less applicable fees and taxes) to you, pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/.
If you are a Guest: The Hosts, not Hasty Parking, are solely responsible for honoring any confirmed rentals and making available any parking spaces reserved through the Platform. If you, as a Guest, choose to rent a parking space from Host, you agree and understand that you will be required to enter into an agreement with such Host, and you agree to accept any terms and conditions set by Host in connection with such parking space.
You acknowledge and agree that you, and not Hasty Parking, will be responsible for performing the obligations of any such parking space rental agreements, that Hasty Parking is not a party to such agreements, and that, with the exception of Hasty Parking’s payment obligations pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/, Hasty Parking disclaims all liability arising from or related to any such agreements.
The total fees payable will be displayed to you before you finalize your reservation and provide payment pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/. Once a reservation is paid in full, a confirmation text will be sent by us to Guest and Host.You, as a Guest, agree to pay the total fees listed for any rental you have requested via your Account. Hasty Parking will collect the total fees due pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/.
Guests agree that a confirmed rental is a license granted by the Host to the Guest to use the parking space solely for parking a motor vehicle and solely for the limited duration of the confirmed rental and in accordance with the agreement between the Host and Guest. As a Guest, you are responsible for leaving the parking space (including any personal or other property located at such parking space) no later than the end of your reservation rental period and in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the parking space.
The beginning and end time of each parking space reservation will be based on Coordinated Universal Time (“UTC”), which is a universal time standard and can be accessed directly via most mobile devices that enable access to the Platform or through certain websites or mobile applications.If a Guest stays past the agreed upon time without extending his or her reservation prior to its expiration, or making a new reservation (in each case, if available) via the Platform (an “Overstay”)such Guest no longer has a license to park in the parking space, and the Host is entitled to tow the Guest’s vehicle at such Guest’s expense. In addition, Guests agree that the Host can charge the Guest, and Hasty Parking will collect,an “Overstay Fee”, plus all applicable additional fees, taxes, and any legal expenses incurred by the Host to make the Guestvacate the parking space, pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/. If a Host reports that a Guest has Overstayed his or her reservation on more than 3 occasions, such Guest will be coded as a “3x Overstay Offender”. Each Host shall have the option to block all 3x Overstay Offenders from renting any or all of Host’s listings.
- Facilitation Fees.
In consideration for the use of the Platform, we charge a “Facilitation Fee” of 7.5% per transaction to each of Host and Guest. Hasty Parking where applicable, may also collect taxes and any other fees charged by our payment processor, pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/.
- Cancellations and Refunds.
If, as a Guest, you wish to cancel a confirmed rental made via the Platformprior to arriving at the rented parking space, our cancellation policy contained in the Payments Terms https://www.hastyparking.com/payment-terms/ will apply to such cancellation.
If, as aHost, you cancel a confirmed rental made via the Platform, (i)fees and penalties may apply pursuant to the Payments Terms https://www.hastyparking.com/payment-terms/, and (ii) the Guest will receive a communication from Hasty Parking containing alternative listings and other related information. If the Guest requests a rental from one of the alternative listings, Guest agrees to pay the total fees relating to the subsequent confirmed rental for the alternative parking space. If, as a Host, you cancel a confirmed rental made via the Platform, you agree that your listing may be subject to additional consequences, including (a) an indication on your listing thatyou cancelled a rental or (b) blocking the calendar for your listing during the date and time of your cancelled rental. You will be notified of the situations in which a cancellation fee applies before you decide to cancel. Please review our Payments Terms https://www.hastyparking.com/payment-terms/ for a complete listing of cancellation fees, deadlines and applicable rules.
Hasty Parking may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed rental made via the Platform or to refund to a Guest part or all of the amounts charged to such Guest. You agree that Hasty Parking and the relevant Host or Guest will not have any liability for such cancellations or refunds.
- About the Services.
- “Content” means any parking space photos and information and anyother information, videos, audio clips, written posts and comments, data, text, photographs, software (excluding the Application), scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content can be posted by us, third parties, you, or other users.
- User Content.
“User Content” means all Content that is added, created, uploaded, published, submitted, distributed, posted or transmitted to the Platform by you or other users. We may, in our sole discretion, permit you to add, upload, publish, submit, post, or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Hasty Parking a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, have used, view, copy, adapt, translate, modify, distribute, license, sell, publicly display, broadcast, and otherwise exploit such User Content on, through, by means of, or to promote or market the Platform. Hasty Parking does not claim any ownership rights in any such User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. You represent and warrant that (a) you are the sole and exclusive owner of all User Content you make available through the Platform or (b) you have all rights, licenses, consents, and releases necessary to grant to Hasty Parking the rights in such User Content, as contemplated under these Terms. You further represent and warrant that neither the User Content nor your or Hasty Parking’s use thereof as set forth under these Terms will infringe, misappropriate, or violate a third party’s proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In some cases, you may delete or remove your User Content, or you may request through the Site that your User Content be deleted or removed but you acknowledge that archival copies of such User Content may remain for a reasonable period of time. We do not endorse any Hasty Parking user, listing, or parking space.
- Licenses We Grant to You.
Subject to your compliance with these Terms, Hasty Parking grants you (a) a limited, non-exclusive, non-transferable license to download, install, and run a copy of the Application on each mobile device or computer that you own or control solely for your own personal use and (b) a limited, non-exclusive, non-transferable license, to (i) access any Content and (ii) access any User Content to which you are permitted access, in each case of (i) and (ii) solely for your personal and non-commercial purposes.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hasty Parking or its licensors, except for the licenses and rights expressly granted in these
- Intellectual Property Ownership and Rights Notices. The Platform and Content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Platform and Content, including all embedded intellectual property rights, are the exclusive property of Hasty Parking and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform or Content. All trademarks, service marks, logos, trade names, and any other proprietary marks of Hasty Parking used on or in connection with the Platform and Hasty Parking Content are trademarks or registered trademarks of Hasty Parking in the United States.
- Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform (“Feedback“). You may submit Feedback by emailing us through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Hasty Parking and you agree to assign and hereby irrevocably assign to Hasty Parking all of your right, title, and interest in and to all Feedback, including without limitation all proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Hasty Parking’s request and sole expense, you will execute documents and take such further acts as Hasty Parking may reasonably request to assist us in acquiring, perfecting, and maintaining our intellectual property rights and other legal protections for the Feedback.
- Rules of Conduct. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform and Content. In addition, please do not access our Services while you are driving! In connection with your use of the Platform and Content, you understand and agree that you shall not:
- use any parking space rented using the Platform for any activity other than parking a motor vehicle;
- violate any local, state, national, or other law or regulation, or any order of a court;
- access or use the Platform or Content for any purposes not expressly permitted by these Terms;
- harm the Hasty Parking brand in any way;
- directly or indirectly transfer any of the rights that you receive hereunder;
- use manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Platform or Content;
- use, display, mirror, or frame the Platform or Content, in whole or in part, without Hasty Parking’s express written consent;
- decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform or Content, except to the extent applicable laws specifically prohibit such restriction;
- interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- attempt to probe, scan, or test the vulnerability of any Hasty Parking system or network or breach any security measures;
- forge any TCP/IP packet header or any part of email header information, or in any way use the Platform or Content to send altered, deceptive, or false source-identifying information;
- use the Platform to transmit, distribute, post, or submit any information concerning any third party not authorized by such third party;
- use the Platform or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the Services or run any form of auto-responder or spam on the Platform;
- collect or store any personally identifiable information about any other user other than as set forth in these Terms;
- offer, as a Host, any parking space that (i) you do not yourself own or have the rights to list as a parking space available for rent;
- except as otherwise set forth in these Terms, register for more than one (1) Account or register for an Account on behalf of an individual other than yourself;
- use the Platform or Content to find a Host or Guest and then complete a rental of a parking space independent of the Platform, in order to circumvent the obligation to pay any fees related to Hasty Parking’s provision of the Services or for any other reasons;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of the Platform;
- post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- accept or make a payment for fees outside Hasty Parking’s payment system; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Hasty Parking has the right to investigate and prosecute alleged violations of any rules of conduct to the fullest extent of the law. In addition, Hasty Parking may remove or disable access to any or all of your User Content, including your listing(s), or Account, or take any such other appropriate actions against you in its sole discretion, for a violation of the rules of conduct or these Terms.
Hasty Parking also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) comply with any applicable law, regulation, court order, or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise remedy fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of us, our users, and the public. You acknowledge that Hasty Parking has no obligation to monitor your access to or use of the Platform or to review, remove, disable access to, or edit any User Content, but Hasty Parking reserves the right, at any time and without prior notice, to remove or disable access to any Content that Hasty Parking, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
- Third Party Services. The Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such third-party websites or resources or (ii) the content, products, or services on or available therein. Links to such third-party websites or resources do not imply any endorsement by Hasty Parking thereof. You acknowledge that you are solely responsible for and assume all risk arising from or related to your use of or access to any such third-party websites or resources or the content, products or services therein.
- User Disputes.
In the event of a dispute between users of the Platform, you agree and acknowledge that the dispute is between the users and not between a user(s) and Hasty Parking, and Hasty Parking disclaims all liability arising from or related to any dispute settlement agreements between users. We reserve the right, but have no obligation, to monitor disputes between users. In the event a Host or Guest claims that you have damaged his/her property in connection with the Services and provides evidence, including but not limited to photographs, of such damage (“Damage Claim“) you agree to comply with the Damage to Propertyterms and conditions set forth in the Payment Terms https://www.hastyparking.com/payment-terms/. Each Damage Claim must include the amount in US Dollarssuch user claims in damages.
- Reporting Misconduct. If you believe a Host or Guest, as applicable, is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to Hasty Parking by contacting us at [email@example.com] with your police station and report number. For clarity, your report to us will not obligate us to take any action beyond what is required by law (if any) or cause us to incur any liability to you.
- Copyright Policy. Hasty Parking reserves the right to terminate Accounts of users who, as set forth in the COPYRIGHT POLICY https://www.hastyparking.com/copyright-policy/, infringe or are believed to be infringing the rights of copyright holders.
- Term and Termination.
- These Terms shall be effective for 30 days. The Terms will automatically and continuously renew for subsequent 30-day terms until such time when you or we terminate these Terms as described below.
- Your Termination Rights. You may terminate these Terms at any time by cancelling your Account. If you cancel your Account as a Host, any confirmed rentals will be automatically cancelled. If you cancel your Account as a Guest, any confirmed rental will be automatically cancelled. In each case, any refunds will be subject to the Payment Terms https://www.hastyparking.com/.
- Our Termination Rights.
- We may terminate these Terms at any time and for any reasonupon 30 days’ prior notice via email to your registered email address.
- Hasty Parking may immediately, without notice, terminate these Terms if (a) you have materially breached these Terms, including but not limited to any breach of your warranties or (b) Hasty Parking believes in good faith that termination is reasonably necessary to protect the safety or property of other users, Hasty Parking, or third parties or for fraud prevention, risk assessment, security, or investigation purposes.
If we take any of the measures described in this Section, we may (a) communicate to your Guests or Hosts (as applicable) that a pending or confirmed rental has been cancelled, and (b) refund the Guests in full for any and all confirmed rentals, irrespective of preexisting cancellation policies. You acknowledge that you will not be entitled to any compensation for confirmed rentals that were cancelled under this Section. In the event of any non-material breaches by you (and as otherwise deemed appropriate by Hasty Parking), you will be notified of any remedial measurestaken by Hasty Parking, and you will be given an opportunity to resolve the issue to Hasty Parking’s reasonable satisfaction.
- Effects of Termination. If you or we terminate the Terms, we do not have an obligation to delete or return to you any of your User Content, including but not limited to any Feedback. When these Terms have been terminated, you are not entitled to a restoration of your Account or any of your User Content. If your access to or use of the Platform has been limited or your Account has been suspended or these Terms have been terminated by us, you may not register a new Account or attempt to access and use the Platform through other Accounts.
- If you or we terminate these Terms, the clauses of these Terms that reasonably should survive termination will remain in effect.
- You as a Host understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes to be collected or obligations relating to applicable taxes in listings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. Hasty Parking does not offer tax-related advice to any users. You agree that Hasty Parking is not responsible for any tax liability resulting from your use of the Platform.
THE PLATFORM AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HASTY PARKING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HASTY PARKING MAKES NO WARRANTY THAT THE PLATFORM OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY PARKING SPACES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HASTY PARKING MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PARKING SPACES, HOSTS, GUESTS, THE SERVICES, OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR INTERACTIONS WITH OTHER USERS OF PLATFORM, INCLUDING BUT NOT LIMITED TO ANY HOSTS OR GUESTS. HASTY PARKING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE STATEMENTS OR CONDUCT OF USERS OF THE PLATFORM. HASTY PARKING EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST, GUEST, OR OTHER THIRD PARTY. YOUR USE OF THE PLATFORM OR CONTENT IS AT YOUR SOLE RISK.
- Indemnification. You agree to release, defend, indemnify, and hold Hasty Parking and its affiliates and subsidiaries, and their respective officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal fees, arising out of or related to (a) your access to or use of the Platform or Content; (b) your violation of the Terms; (c) your User Content; (d) your interaction with any user or other third party in connection with your access to or use of the Platform or Content; and (e) any parking space listed or rented by you, including but not limited to any injuries, losses, or damages of any kind arising out of or in connection with such parking space.
- Exclusion of Certain Damages. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT. NEITHER HASTY PARKING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT OR FROM ANY CONTACT WITH OTHER USERS OF THE PLATFORM OR WITH ANY OTHER THIRD PARTIES WITH WHOM YOU HAVE CONTACT AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HASTY PARKING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
- Cap on Damages. IN NO EVENT WILL HASTY PARKING’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED (A) IF YOU ARE A GUEST, THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTAL(S) VIA THE PLATFORM IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) IF YOU ARE A HOST, THE AMOUNTS PAID BY HASTY PARKING TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) ONE HUNDRED U.S. DOLLARS ($100 U.S.), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Modifications to the Terms. We reserve the right, in our sole discretion, to modify the Platform or to modify the Terms at any time and without prior notice, or change, suspend, or discontinue the Services at any time. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by another appropriate means of communication. We will also update the “Last Updated” date at the top of these Terms. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of our Platform and the Services, and you are still responsible for reading and understanding them. Changes to the Terms will be effective at the time of posting. You acknowledge that it is your responsibility to check the Terms periodically for changes. Your continued access or use of the Platform will constitute acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to close your Account and cease using the Platform and Services. We may also impose limits on certain features and services or restrict your access to some or all of the Platform or Services without notice or liability.
- Export Control and Restricted Countries. You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Platform, you represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platform for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons.
- Entire Agreement. These Terms, together with any other documents referenced and incorporated herein and any additional Hasty Parking policies, guidelines, standards, or terms, constitute the entire and exclusive understanding and agreement between Hasty Parking and you regarding the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hasty Parking and you regarding the Platform.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic or communications failures.
- Assignment. These Terms are personal to you and are not assignable, transferable, or sublicensable by you, except with our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be void and of no effect. We may assign, transfer, or delegate any of our rights and obligations hereunder, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- Notices. Unless otherwise specified in these Terms, all notices hereunder will be in writing and will be deemed to have been duly given upon receipt, if personally delivered or sent by certified or registered mail, return receipt requested; upon electronical confirmation, if transmitted via facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [firstname.lastname@example.org].
- Governing Law and Dispute Resolution between You and Hasty Parking.
- If you reside in the United States, you and Hasty Parking agree that,except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, USA, in the English language and the arbitral decision may be enforced in any court. With respect to all disputes arising in relation to these Terms, but subject to the preceding arbitration provision, the parties consent to exclusive jurisdiction and venue in the state and Federal courts located in Suffolk County, Massachusetts. The prevailing party in any action or proceeding to enforce these Terms will be entitled to recover costs and attorneys’ fees.
- Trial by Jury.You acknowledge and agree that you and Hasty Parking each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.
- Survival. This Section will survive any termination of these Terms.
- No Waiver; Severability. The failure of Hasty Parking to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Hasty Parking. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
- Third party beneficiary.These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.
Contact. You may contact us at the following address: [PRIMARY BUSINESS ADDRESS] Info@hastyparking.com