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Terms Of Use
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Terms Of Use

XPressPark Parking Management Platform

HAH Parking, Inc.

 

Last Updated: June 25, 2021

HAH Parking (“the Company”) is a company whose purpose is to build and maintain the XPressPark Parking Management Platform (“Product”). The purpose of the Product is to enable the management of parking areas (“Zones”) by parking resource owners (“Client”) and parking resource managers (“Licensee”), enable the payment of parking fees by parking customers (“End Users”) for vehicles with legal and registered license plates (“Vehicles”), enable the enforcement of Zones, enable the payment of citation/violation/enforcement fees by End Users, enable financial reporting, and transfer of revenues to Clients. For the purposes of this document; Clients, Licensees and End Users will be referred to as “Users”. Users are not mutually exclusive.

These Terms Of Use apply to any and all use of the Product including mobile applications, web applications, websites and all affiliated web services, social media channels and media outlets owned and operated by the Company.

By agreeing to this Terms Of Use, (1) you acknowledge that you have read, understand and agree to be bound by this Terms Of Use, and (2) you represent and warrant that you are at least eighteen (18) years old and are not prohibited by law from accessing or using the Product and (3) THIS TERMS OF USE CONTAINS, AMONG OTHER THINGS, LIABILITY AND INDEMNITY PROVISIONS AND AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

This Terms Of Use (and other policies) will be updated from time to time without any prior notice to Users. You agree to review this Terms Of Use periodically. You are free to decide whether or not to accept a modified version of this Terms Of Use, but accepting this Terms Of Use, as modified, is required for you to continue using the Product. [You may have to click “accept” or “agree” to show your acceptance of any modified version of this Terms Of Use.] If you do not agree to this Terms Of Use or any modified version of this Terms Of Use, your sole recourse is to immediately terminate your use of the Product. Except as otherwise expressly stated by the Company, any use of the Product is subject to the version of this Terms Of Use in effect at the time of use.

THIS AGREEMENT IS SUBJECT TO THE SOUTH CAROLINA ARBITRATION ACT. Any controversies arising out of this Agreement or its interpretation shall be resolved pursuant to the provisions of the Uniform Arbitration Act (Title 15 Chapter 48, SC Code) and the Parties agree that venue for such Arbitration shall be Charleston County, South Carolina at a time and place set by the Arbitrators.

 

END USER OBLIGATIONS

As an End User you agree/consent to the following:

OWNER OBLIGATIONS

As an Owner you agree/consent to the following:

LICENSEE OBLIGATIONS

As a Licensee you agree/consent to the following:

 

COMPLAINTS, CLAIMS AND LIABILITY

GENERAL RELEASE

Users hereby fully and forever release the Company and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, and assigns, jointly and severally (collectively, the “Parties”), and hereby fully and forever discharge and agree to hold the Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Users on the one hand and the Parties, or any of them, on the other hand in connection with this Terms of Use.

GENERAL

DISCLAIMER & LIABILITY

PROHIBITED USE

Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with the Product, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, messaging, searching, or mobile use. You agree not to copy/collect Product content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/ communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of the Company’s policies or rules referenced above (“Prohibited Content”). You agree not to collect User information or interfere with the Product.

DISPUTE RESOLUTION

In the event of any dispute or alleged claim whatsoever, you agree/consent to submit to the exclusive jurisdiction and venue of the courts located in Charleston County in South Carolina. Any arbitration, mediation or other conciliatory process must be initiated and carried out in Charleston County, South Carolina. You acknowledge that the Company’s rights and your obligations to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any). Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

ACKNOWLEDGEMENT OF THE ENTIRE AGREEMENT

You acknowledge that by using the Product, you agree to this Terms Of Use and agree to be fully bound by it. The existence of a formal, signed contract between the Company and the Owner/Licensee supersedes any relevant language in this Terms of Use.

QUESTIONS

If you have any questions about these terms and conditions, please contact us at any time by emailing us at contact@xpresspark.io