TERMS AND CONDITIONS
ezpark is an online platform with the sole purpose of enabling vehicle owners ("Drivers") and parking space holders ("Owners") to connect, reserve and rent parking space from one another.
This set of ezpark Terms & Conditions ("Terms & Conditions") applies to any and all use of:
ezpark app operates www.ezpark.ae. It is ezpark app's policy to respect your privacy regarding any information we may collect while operating our website.
(1) the ezpark website at http://www.ezpark.ae/ and all affiliated websites owned and operated solely by ezpark (collectively, the " ezpark Site");
(2) the parking reservation services made available by ezpark through the ezpark Site, any ezpark-branded application for your mobile or other device (each, a " ezpark Application"), and any other online properties of ezpark or third parties, as described in Part I below (the " Reservation Services"); and
(3) any other services or features made available by ezpark through the ezpark Site or any ezpark Application.
Together, the items in (1) through (3) are referred to herein as the " Services".
In these Terms & Conditions, " ezpark" and " we" mean ezpark, LLC. ("ezpark"), a Delaware limited liability corporation, and/or " User" and " you" mean any user of the Services.
By accessing or using the Services or clicking "accept" or "agree" to these Terms & Conditions,
(1) you acknowledge that you have read, understand and agree to be bound by these Terms & Conditions, 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 Services.
THESE TERMS & CONDITIONS CONTAINS, AMONG OTHER THINGS, LIABILITY AND INDEMNITY PROVISIONS AND AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
ezpark may update or revise these Terms & Conditions from time to time without any prior notice to User. You agree to review these Terms & Conditions on a periodical basis. You are free to decide whether or not to accept a modified version of these Terms & Conditions, but accepting these Terms & Conditions, as modified, is required and necessary for you to continue using the Services. You may have to click "accept" or "agree" to show your acceptance of any modified version of these Terms & Conditions. If you do not agree to the terms of these Terms & Conditions or any modified version of these Terms & Conditions, your sole and only recourse is to immediately terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by ezpark, any use of the Services (e.g., to use the Reservation Services) is subject to the version of these Terms & Conditions in effect at the time of use.
1. Key Definitions
Any individual who is in contact with the Services, whether registered or not. All Users are bound by these Terms & Conditions, whether registered or not.1.2 "Registered User"
Any individual who has contacted the Services, provided the required information and completed the steps necessary to create an account.1.3 "Driver"
Any Registered User who uses the Services to seek parking space, request to utilize parking space, or complete an exchange of funds with ezpark or an Owner for use of property.1.4 "Owner"
Any Registered User who uses the Services to List a parking space legally allowed to Reserve, or is at the receiving end of an exchange of funds with ezpark or a Driver for allowing the use of property.1.5 "Listing"
A property which has been input into the Services and offered by an Owner for Drivers to utilize.1.6 "Reservation"
An agreement between an Owner and Driver to utilize an Owner's offered Listing for a period of time, and the period of time during which a User's vehicle is physically present on another User's property as authorized by the agreement between Owner and Driver.1.7 "Driver Services"
The Driver Services are defined as all the tools and features provided to Users for the purposes of searching for, browsing, comparing, requesting or reserving parking spaces listed by other ezpark users as well as those tools/features provided for the purposes of managing, facilitating, editing and carrying out reservations, including payment processing, coupon redemption, messaging between users, archiving and tracking of past reservations and reservation activity for the purposes of granting User statuses or conducting loyalty programs, rating and reviewing of other users and their provided spaces and publishing of these ratings and reviews for use by other users, favorite listings, managing of vehicles and payment methods.1.8 "Owner Services"
The Owner Services are defined as all tools and features provided to Users for the purposes of listing and offering property for rent to other ezpark Users for temporary vehicle parking. The Owner Services includes all tools/features provided for the purposes of managing and editing listing details and listing availability as well as all tools/features provided for the purposes of managing, facilitating, editing and carrying out reservations including payment processing and payout/distribution of funds to Owners, messaging between users, archiving and tracking of past reservations and reservation requests, tracking of Owner activity and Owner performance for the purpose of granting Owner statuses, rating of Drivers publishing of these ratings for use by other users, managing of payment methods.
2. Driver Services
ezpark provides the Driver Services to Users for the sole purposes of providing Users information on the location and apparent availability of parking and assisting them in securing parking at participating third-party parking locations, including but not limited to private driveways, private garages, and private lots. In response to a User's online request for a Reservation through the ezpark Site or the ezpark Application, the User communicates directly with the applicable individual holding or operating said space (the Owner of the Listing) regarding such reservation request. The availability of reservations is determined at the time of a User's query, and ezpark makes no representation or warranty regarding the accuracy of any data (including, but not limited to, Reservation availability data) received from any Owner. Each Owner is an independent third party and is not under the control of ezpark. ezpark is NOT a guarantor, an agent, or otherwise affiliated with any Owner. You acknowledge that each Owner may have its own policies, terms, and conditions. Once a reservation request is made by a User through the ezpark Site or any ezpark Application, the Owner with such space will provide confirmation of the Reservation to such User either by pre-authorizing the Services to auto accept all reservation requests within specified hours and specified days, or by manual approval at the time of request. By using the Reservation Services, you agree to receive reservation confirmations by ezpark messaging after requesting a Reservation through the Reservation Services. You may terminate your Registration as per the Cancellation Policy, as provided below Section 2.6.
In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Reservation Services provide to you in locating and reserving parking, the ultimate decision to utilize the parking information provided by the Reservation Services and to park at any location remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Reservation Services and/or deciding to actually park at any location. For avoidance of doubt, ezpark does not in any way provide parking services or any kind or operate any parking locations.
FURTHER, EZPARK ASSUMES NO RESPONSIBILITY OR LIABILITY FOR
(1) THE SAFETY OF ANY PERSON, PROPERTY, OR VEHICLE PARKED AT ANY LOCATION; OR
(2) THE ACTUAL AVAILABILITY OF PARKING AT ANY LOCATION. USE OF, OR A RESERVATION THROUGH, ANY EZPARK APPLICATION WILL IN NO WAY BE CONSIDERED A WARRANTY, GUARANTEE, OR OTHER REPRESENTATION THAT A SPECIFIC PARKING SPACE IS AVAILABLE AT ANY LOCATION AT ANY GIVEN TIME. EZPARK DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES, DELAYS, OR OTHER CONSEQUENCES THAT MAY ARISE IF A PARKING SPACE IS UNAVAILABLE, OR IF AN EZPARK APPLICATION OTHERWISE ERRS OR MALFUNCTIONS.
2.2 Calculation of Parking Rates; Payment Authorization; Taxes.
You acknowledge that ezpark does not determine parking rates with Owners to facilitate the booking of Reservations. The parking rate displayed on the ezpark Site or ezpark Application is determined solely by the Owner and ezpark's fees are either:
(1) 25% of the transaction; or
(2) 1 AED,
whichever of the two being greater.
You agree to pay in full the price displayed on the Services for the total reservation price, which includes the parking rate plus, where applicable, service fees, and taxes at the time of your reservation request.
All Reservations and other transactions consummated through the ezpark Site or an ezpark Application, subject to deduction of ezpark fees, will be retrievable by the relevant Owner. Once payment has been deducted from a User, any new terms will constitute a separate agreement with that relevant Owner. You acknowledge and confirm that you are authorized and permitted to use any credit card or Payfort, Inc. (" Payfort") account that you register on the ezpark Site or a ezpark Application. When you fund a transaction, you agree that ezpark is not in any way responsible or liable for the transaction. You acknowledge that ezpark does not collect taxes for remittance to applicable taxing authorities. The Owners are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions.2.3 Prices.
User agrees to use the Driver Services only to book Reservations for User's own use. Resale or attempted resale of Reservations is grounds for, among other things, cancellation of your Reservations and termination of your access to the Services. ezpark expressly reserves all its rights and remedies under applicable state and federal laws. ezpark reserves the right, in its sole discretion, to refuse service, terminate User accounts, remove or edit content, or cancel Reservations. User also agrees not to contact or attempt to contact Owners by means other than the Services with intent to conduct a rental transaction for a property listed with the Services. You also agree not to use the Services to solicit or offer other users goods or services of any kind beyond reserving and renting parking spaces.2.6 Cancellations and Violations.
By requesting a Reservation, you are agreeing to pay the rate published at that time for
the requested period. If you later choose to cancel the Reservation, you agree to be
subject to the ezpark Cancellation Policy which is subject to change without notice.
You may also receive penalties for failure to remove your vehicle from an Owner's property
by the end of the reservation period. Penalties for cancellation or failure to vacate
a property at the agreed upon time may include, but are not limited to, cash fines to
be paid immediately, account suspensions, and negative reviews posted publicly on the
Services in association with your account, which will inform and warn other Users of
your cancellation or failure to vacate at the agreed upon time. By registering your payment
information with the Services, you agree to allow ezpark to automatically charge
in accordance with these policies. The fees and fines charged may vary.
The ezpark Cancellation Policy is expressly incorporated herein, by reference, in Section 4.7.
By consenting to these Terms & Conditions you acknowledge that when you enter into a rental agreement with a Owner you are choosing to enter the property offered by the Owner for parking at your own discretion. By agreeing to these terms, you acknowledge that ezpark is not the owner or operator of any property available for rent via the Services and is not responsible for any damage or loss to property or person that may occur while you are on the Owner's property or engaged in a Reservation with the Owner. All parking transactions are entered into at your own risk. We cannot and do not guarantee in any way the security of your vehicle or its contents. It is your responsibility to ensure that your vehicle is properly secured. If your vehicle is damaged while on an Owner's property, you agree to first attempt to resolve the matter with the Owner. If the matter cannot be resolved through direct contact with the Owner, you may contact ezpark customer service to record your case so that we can assess the situation and offer recourse where ezpark, in its sole discretion, deems such necessary. If your vehicle is stolen, contact the police and your insurance provider immediately. ezpark does not provide any insurance coverage to a User at any time.
BY AGREEING TO THESE TERMS & CONDITIONS YOU, THE DRIVER, ACKNOWLEDGE THAT YOU HAVE MET THE MINIMUM CRITERIA FOR VEHICLE INSURANCE COVERAGE, AS REQUIRED BY LAW IN YOUR STATE, OR THAT YOU HAVE MET ANY ALTERNATIVE FINANCIAL RESPONSIBILITY REQUIREMENTS LAID OUT BY YOUR STATE FOR LEGAL OWNERSHIP AND OPERATION OF THE CAR WITH WHICH YOU ARE PARKING.2.8 Payment Escrow and Distribution.
All funds paid by you for the use of a Owner's property will be held in an escrow account by Braintree Payments, LLC. The Owner will be able to retrieve the payment once it has been deposited in the escrow account. You will have the opportunity to contact ezpark and alert them of any issues you may have experienced leading up to or during the Reservation that you consider tantamount to a failure on the part of the Owner to deliver what was promised or represented. We will adjudicate such matters at our sole discretion, and at our sole discretion may or may not elect to refund charges to your account or withhold distribution of parking charges, if not retrieved, indefinitely while we investigate the matter. If we have not received a formal complaint from you detailing your complaint and why you feel the service received was unsatisfactory within a 7-day window, any right to receive a refund or any financial recourse in regards to that specific Reservation will expire. ezpark uses Payfort, Inc. for payment processing services. By using the Braintree Payments' payment processing services you agree to the Braintree Payment Services Agreement and the applicable bank agreement, both of which are available at https://www.braintreepayments.com/legal.
3. Owner Services
By creating a Listing in the Services and becoming a Owner, you appoint ezpark as your agent for the purposes of connecting your offered space with Drivers in need of parking services and forming binding agreements between you and Drivers using the Services. You also appoint as your agent for the collection and distribution of your rental fees and you agree to pay a fee to ezpark for every rental transaction for these services.3.2 Legal Right to Rent Property
ezpark provides tools and features that enable Owners to list and rent their property for parking use. By using the Services to list an available parking space for rent, you are attesting that you are the legal owner/operator of the property being offered or have obtained the right to rent out the property. It is your responsibility to be aware of and abide by all local laws, codes, or Homeowner Association (" HOA") and neighborhood policies. ezpark is no way responsible for any repercussions stemming from your failure to make yourself aware of and abide by your local laws and regulations.3.3 Honoring of Reservations, Cancellations & Penalties.
All Owners can avail the opportunity to approve or decline reservation requests from Users,
whether manually at the time of request or by pre-authorizing ezpark to automatically
approve all requests for the period of the time that the listing is available. Once you
have approved a reservation request, you must honor the request. If you choose to cancel
an approved request you agree to be subject to the ezpark Cancellation Policy which
is subject to change at ezpark's sole discretion. You also agree that ezpark
may assess penalties for failure to deliver a reserved parking space to another User.
Penalties may include but are not limited to, account suspensions and negative reviews
posted publicly on the Services in association with your account, which will inform and
warn other Users of your cancellation or failure to deliver a reserved parking space.
The ezpark Cancellation Policy is expressly incorporated herein, by reference, in Section 4.7.
All funds paid by Drivers for the use of your property will be held in an escrow account by Braintree Payments, LLC. You will be able to retrieve the payment once it has been deposited in the escrow account. Drivers will have the opportunity to contact ezpark and alert them of any issues they may have experienced leading up to or during the Reservation that they consider tantamount to a failure on the part of the Owner to deliver what was promised or represented. We will adjudicate such matters at our sole discretion, and at our sole discretion may or may not elect to refund charges to you or withhold distribution of parking charges, if not retrieved, indefinitely while we investigate the matter. If we have not received a formal complaint from Driver detailing their complaint and why they feel the service received was unsatisfactory within a 7-day window, any right to receive a refund or any financial recourse in regards to that specific Reservation will expire. We may also elect to garnish or withhold future parking distributions owed to you for reasons that may include but are not limited to, reimbursement of Driver chargebacks, when the chargeback was directly correlated to a Reservation carried out on your Listing. ezpark uses Payfort, Inc. for payment processing services. By using the Braintree Payments' payment processing services you agree to the Braintree Payment Services Agreement and the applicable bank agreement, both of which are available at https://www.braintreepayments.com/legal.3.5 Usage Guidelines.
As an Owner you agree not to contact or attempt to contact Drivers with intent to conduct a rental transaction in relation to a property that you have listed with the Services by means other than the Services. You also agree not to use the Services to solicit or offer other Users goods or services of any kind beyond reservation and rental of parking spaces.3.6 Damage to Person or Property.
By consenting to these Terms & Conditions you acknowledge that when you enter into a rental agreement with a Driver you are voluntarily granting the renting party consent to enter your property or a property which you have been licensed to operate. Wherever possible ezpark will take steps to ensure that users and their property are safe from damage or harm, but by agreeing to these terms, you acknowledge that ezpark is not responsible for any damage or loss to property or person that may occur while ezpark users are on your property or engaged in a parking reservation with you. All parking transactions are entered into at your own risk. We cannot and do not guarantee in any way the security or safety of your property. It is your responsibility to ensure that your property is properly secured. If your property is damaged by another ezpark user, you agree to first attempt to resolve the matter with the user. If the matter cannot be resolved through direct contact with the user, you may contact ezpark Customer service to record your case so that we can assess the situation and offer recourse where possible and where we deem necessary. ezpark does not provide any insurance coverage to any User at any time. You are solely responsible for obtaining the required insurance coverage necessary to rent out your property for use by others.
BY AGREEING TO THESE TERMS & CONDITIONS, THE DRIVER ACKNOWLEDGES THAT THEY HAVE MET THE MINIMUM CRITERIA FOR VEHICLE INSURANCE COVERAGE, AS REQUIRED BY LAW IN YOUR STATE, OR THAT YOU HAVE MET ANY ALTERNATIVE FINANCIAL RESPONSIBILITY REQUIREMENTS LAID OUT BY YOUR STATE FOR LEGAL OWNERSHIP AND OPERATION OF THE CAR THAT YOU ARE PARKING WITH.
4. Terms for All Services
At present the Services are free to access, but in order to access a majority of the features offered in the Services, you will be required to submit basic personal information.4.2 Your Account.
You are required to create an account with ezpark through the ezpark Site or ezpark Application ("Account") in order to use the Reservation Services. You are not permitted to register or maintain more than one (1) Account. We reserve the right to suspend or delete your Accounts if we believe that you are maintaining multiple Accounts or believe you have breached these Terms & Conditions in any way. When registering for an Account, you must provide true, accurate, current and complete data about yourself on the ezpark registration form. You agree that you will not falsify any information about your identity, or impersonate another identity, or create an account with a fictitious identity. You also agree to promptly update your Account data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify ezpark of any unauthorized use of your Account or any other breach of security related to your use of the Services. ezpark will not be liable for any misuse or unauthorized access to any User's Account.4.3 Communications from ezpark.
The Services provide a platform for Users to create and publish content of their creation. By publishing and displaying content of any kind on the ezpark Site or through the ezpark Applications you thereby assign and transfer copyright, and all other rights to such content, to ezpark. For the avoidance of doubt we are permitted to use any content posted by you to the Services for any of our business purposes. This right will still apply after the termination of your registration or membership. You may not use the Services for any unlawful purpose or any purpose that violates any local policies, or to publish any content that may, at ezpark's sole discretion, be deemed offensive, inaccurate, misleading, defamatory, fraudulent, or illegal. Users are not entitled to publish any content that could be construed as an advertisement or offer for anything other than parking spaces that fall within this set of Terms & Conditions. ezpark reserves the right to remove any content from the Services at any time at our sole discretion and without notice.4.5 Promotional Uses.
By accepting these Terms & Conditions you agree to allow ezpark to use any of your quotes, photos or videos pertaining to ezpark, including images and videos of you, as part of ezpark's media and promotional outreach.4.6 Complaints and Disputes Between Users.
In the case of a dispute between you and another User, you agree that you will first attempt to resolve the matter through direct communication, through the Services, with the User.
In the event that the dispute cannot be resolved through direct communication, you may file a complaint and request that ezpark assist in resolving the matter. By doing so you authorize ezpark to deal with the dispute or complaint as we deem appropriate. ezpark will have the right to suspend, temporarily or permanently, the account of any User.4.7 Cancellation Policy
The ezpark Site and the ezpark Application will allow the Owner to opt for either a Flexible or a Strict Cancellation Policy for Reservations.
The Flexible Cancellation Policy will entail a fully refundable payment within a limited time period. For a full refund, the Driver needs to cancel the reservation 24-hours prior to the commencement of the Reservation. If the Driver cancels the Reservation less than 24-hours before the start of the Reservation, the fee for the first day of the Reservation will not be refunded. If the Reservation has commenced, and the Driver opts to leave early, the Driver will not be refunded for the day he cancels the Reservation, and the day after the Driver cancels the Reservation. The driver will be refunded for any days remaining thereafter. If the Driver holds the service provided by the Owner to be inadequate in any way, a complaint needs to be filed within the first 24-hour period of the Reservation. ezpark will mediate disputes when necessary and make the final decision.
The Strict Cancellation Policy will entail a fully no-refundable payment. The parking fees paid, once the Reservation is confirmed, will be completely non-refundable. If the Driver holds the service provided by the Owner to be inadequate in any way, a complaint needs to be filed within the first 24-hour period of the Reservation. ezpark will mediate disputes when necessary and make the final decision.
Drivers can cancel any Reservation. Driver cancellations over the past 12-month period will be visible to Owner when Driver submits a Reservation request.(b) When Owner Cancels Reservation
Owner can cancel a Reservation, notwithstanding his choice of Cancellation Policy, as above, which will only be applicable on the Driver.
If an Owner cancels a Reservation forty-eight (48) hours, or more, before the Reservation commences, the Owner will be charged a penalty of five-dirhams (5 AED). If an Owner cancels a Reservation less than forty-eight (48) hours before the Reservation commences, the Owner will be charged a penalty of twenty-dirhams (20 AED).
If the Owner cancels, with less than forty-eight (48) hours before the Reservation starts, two (2) times within six (6) months, ezpark reserves the right to suspend the Owner's account for a period of up to six (6) months.
By creating a Listing, the Owner agrees to these Terms & Conditions, as well as this Cancellation Policy, and pre-authorizes ezpark to charge the payment method on file for any applicable cancellation fees or penalties. If the Owner does not have a payment method on file, they will be required to input one at the time of the cancellation request. The cancellation will not be completed until the Owner has entered a payment method and agreed to pay any cancellation fees or penalties.
ezpark may choose to offer limited-time promotional offers or referral rewards programs. In order to be eligible for referral rewards, the Users referred by you must be brand new unregistered Users of the Services. They must also use the exact code given them by you to redeem an introductory offer or must sign up using the email or phone number with which you invited them. They must also complete a transaction as an Owner or Driver before you can be eligible to receive rewards. The rewards offered may be changed by ezpark at any time without notice. All promotional offers, coupon codes, introductory offers, account credits, or rewards may be changed, revoked, denied, or cancelled at any time without any notice and at ezpark's discretion, whether already granted to the User or not yet accrued.4.9 ezpark Promo Code Terms and Conditions.
Any ezpark promotional code or coupon in any form (the " Code") issued by ezpark is subject to the following terms and conditions (" Promo Terms"). Your receipt and/or redemption of the Code constitute acceptance of and agreement with these Promo Terms. Other terms and conditions may apply to use of the ezpark Services. Specifically, without limitation, access to and use of the Service is subject to the ezpark Terms & Conditions. The Code is only redeemable on the Services. A Code can be used only once and only one Code may be used per transaction. Codes are void if not obtained through authorized, legitimate channels, or if any part of the code is altered, duplicated, forged, counterfeited, or tampered with in any way or do not contain proper security devices (a "Nonconforming Code"). Any attempt to obtain or generate multiple Codes and/or nonconforming Codes and/or to use multiple names, email addresses, phone numbers, and/or any fraudulent or other non-permissible means to obtain or use Codes, as determined by ezpark in its sole discretion, will give ezpark the right to void the Code and disqualify the User. The Code has no cash value, and cannot be exchanged for cash or credit, except as required by law (in which case the value of the Code is deemed 0.001 AED). The Code cannot be bought or sold and is void if sold or exchanged for compensation. Any unused value will be forfeited. Codes cannot be used for past purchases of Services or offers. Codes are void where prohibited by law. If a Code is used in violation of these Terms, or if your use of the Code with the Services otherwise violates the Terms & Conditions, ezpark reserves the right to:
(a) cancel any transaction on the Services;
(b) When Owner Cancels Reservation
(c) charge your credit card for the full value of the Services ordered without the Code applied.
EZPARK AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY CODE. YOU HEREBY RELEASE EZPARK AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL LIABILITY RELATING TO THESE PROMO TERMS OR THE CODE.4.10 Technical Requirements.
ezpark reserves the right, in its sole discretion, to modify the Services from time to time and without any prior notice to User, including, without limitation, removing, adding, or modifying portions of the ezpark Site, ezpark Applications, and/or availability of certain Listings. ezpark shall have no liability to you for any of the foregoing actions. If you have any objections to such changes, your sole recourse shall be to immediately cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of, and consent to, such changes and satisfaction with all the Services.4.12 Intellectual Property Rights and Grant of Rights to User.
The features, information, and materials provided and depicted through the Services and on the ezpark Site and ezpark Application are protected by copyright, trademark, patent and other intellectual property laws, and are the sole property of ezpark. All text, graphical content, video, data, and other content made available through the Services (collectively, the " ezpark Content") are provided to the User by ezpark or its partners or licensors solely to support User's permitted use of the Services. The ezpark Content may be modified from time to time by ezpark in its sole discretion and without notice to User. Except as expressly set forth herein, no license, right, or interest is granted to User for any other purpose, and any other use of the Services or the ezpark Content by User shall constitute a material breach of these Terms & Conditions. ezpark and its partners or licensors retain all rights in and to the Services, ezpark Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.4.13 Application License.
Subject explicitly to these Terms & Conditions, ezpark grants User a non-exclusive, non-transferable, revocable license to use the ezpark Applications, in object code form only, on User's compatible devices, solely to facilitate User's permitted use of the Services. Users grant to ezpark a perpetual, royalty free, worldwide license to any improvement to or created from, or derivative works based on the Services.4.14 Use Restrictions.
The Services and ezpark Content are offered solely for User's personal use for the purposes described in these Terms & Conditions. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):
(b) take any action that imposes or may impose (in ezpark's sole determination) an unreasonable or a disproportionately large load on the Services or ezpark's infrastructure;
(c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
(d) rent, lease, copy, provide access to, or sublicense any portion of the Services or ezpark Content to a third party;
(e) use any portion of the Services or ezpark Content to provide, or incorporate any portion of the Services or ezpark Content into, any product or service provided to a third party;
(f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (ezpark);
(g) modify any Services or ezpark Content or create any derivative product from any of the foregoing;
(h) remove or obscure any proprietary or other notices contained in the Services or ezpark Content;
(i) use the Services or ezpark Content for any illegal purpose; or
(j) publicly disseminate information regarding the performance of the Services or ezpark Content or access or use the Services or ezpark Content for competitive analysis or benchmarking purposes.
You agree, represent, and warrant, so long as you use or access the Services YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or machinery. You understand that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment), or death. You further agree, represent and warrant, that you will not use or access the Services in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws. While effort is made to assure the accuracy of the information presented to the User, the User is solely responsible for safe driving and for the consequences of decisions as to where to travel, drive, or park. Under no circumstance will any of the ezpark and Associated Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Users. You agree that no ezpark Party shall be liable for any driving decisions made by you or at your suggestion, or for any damages, injury, or other harm caused by your use of or accessing the Services or ezpark Content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and you hereby waive any claims or causes of action you may have, now or in the future, arising from or relating to the same.
IN THE EVENT THAT ANY PARTY NAMES ANY EZPARK PARTY AS A DEFENDANT IN A CASE INVOLVING YOUR USE OF THE SERVICES WHILE OPERATING A VEHICLE, YOU AGREE TO INDEMNIFY AND HOLD ANY SUCH EZPARK PARTY HARMLESS IN SUCH ACTION.4.16 Government End Users.
The Service constitute a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all UAE Government end users of any the Services are licensed only as commercial items and with only those rights that are granted to all other Users pursuant to these Terms & Conditions.4.17 Export Control.
You may not use, export, or re-export any of the ezpark Applications, ezpark Content, or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a UAE Government embargo or that has been designated by the UAE Government as a "terrorist supporting" country and that you are not listed on any UAE Government list of prohibited or restricted parties.4.18 Termination.
ezpark may suspend your ability to use all or any element of the Services or may terminate these Terms & Conditions effective immediately, without any notice or explanation. Without limiting the foregoing, ezpark may suspend your access to the Services if we believe you to be in violation of any part of these Terms & Conditions (including any associated ezpark Policies). After any suspension or termination, you may or may not be granted permission to re-establish an Account, and you may lose access to and be unable to use any points accumulated towards any rewards program (if any) in effect at the time. You agree that ezpark shall not be liable to you for any termination of these Terms & Conditions or for any effects of any termination of these Terms & Conditions. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which ezpark will have no liability whatsoever.4.19 Communications, Comments, Reviews and Other Content
The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users and other third parties (" User Content"). You are solely responsible for all User Content you generate (and for your Account generally). Any such User Content must not be illegal, malicious, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, false, inaccurate, or otherwise injurious to third parties (including, but not limited to, any content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission for their rightful owner to specifically submit such content), or otherwise objectionable, and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations.
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ezpark reserves the right (but has no obligation) to monitor, remove, or edit User Content in ezpark's sole discretion, including if the User Content violates these Terms & Conditions (including any associated ezpark Policies), but you acknowledge that ezpark may not regularly review submitted User Content. If you do submit User Content, please be aware that unless we indicate otherwise, you grant ezpark a nonexclusive, perpetual, royaltyfree, irrevocable, and fully transferable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media. ezpark takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
You agree to indemnify and hold any ezpark Party harmless in the event ezpark is named as a defendant in an action related to your User Content and you hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms & Conditions, to remove any and/or all of your submissions, and to terminate your Account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of any of the use of any User Content that you make available or access through your use of the Services is solely your responsibility.
ezpark is not responsible for any public display or misuse of any User Content. ezpark does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record your interactions with the Services and your submission(s) of User Content.4.20 Your Representations and Indemnity.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by ezpark and its other Users, partners, and licensees will not violate these Terms & Conditions, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at ezpark's request) defend ezpark, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the " ezpark and Associated Parties") from and against all claims resulting from (a) any User Content submitted by you, (b) your use of the Services or (c) any breach or alleged breach by you of these Terms & Conditions.4.21 Liability Limitations.
TO THE EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO EZPARK GIFT CARDS AND MERCHANT GIFT CARDS, IN NO EVENT SHALL THE EZPARK PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH
IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE EZPARK SITE OR EZPARK APPLICATIONS BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE EZPARK CONTENT. EZPARK IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY OWNER FOR WHICH A USER HAS MADE A RESERVATION OR UTILIZES ANY COUPON.
You and ezpark understand and agree that the disclaimers, exclusions, and limitations in Sections 4.21 and 4.23 below are essential elements of these Terms & Conditions, and that they represent a reasonable allocation of risk. In particular, you understand that ezpark would be unable to make the Services available to you except on these terms and hereby agree that these Terms & Conditions will survive and apply even if any limited remedy specified in these Terms & Conditions is found to have failed its essential purpose.
THE SERVICES, ALL EZPARK CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. EZPARK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE.
EZPARK DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EZPARK WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS, OR THAT EZPARK WILL REVIEW AND POLICE THE USER CONTENT. EZPARK SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, VIRUSES CONTAINED IN ANY USER CONTENT, THE EZPARK SITE, EZPARK APPLICATION OR ANY EZPARK COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EZPARK.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Services may contain hypertext links to and from websites operated by parties other than ezpark. Such hypertext links are provided for User's reference only, and ezpark does not control such websites and is not responsible for their content. Neither these third party sites, nor any of the contents thereof or promotions, materials, information, or goods or services available thereon, are in any way investigated, monitored, or checked for accuracy, appropriateness or completeness by ezpark. ezpark's inclusion of any hypertext links to/from such websites does not imply any endorsement of the material on such websites or any association with their operators. ezpark assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites. If you decide to leave the ezpark Site or Application, as applicable, and access any such third party sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the ezpark Site (or ezpark Application) or relating to any applications you use or install from any such site.4.24 Release.
Owners are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities and costs (" Claims") suffered by you or any third party as a result of your interaction with or visit to any Owner. YOU HEREBY RELEASE THE EZPARK AND ASSOCIATED PARTIES FROM ANY AND ALL SUCH CLAIMS. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE ANY CIVIL CODE WHICH STATES DIRECTLY OR INDIRECTLY: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby expressly waive and relinquish all rights and benefits under this section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the ezpark Parties pertaining to the subject matter of this Section 22.214.171.124 Notify Us of Infringers.
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (" DMCA"). In response to a valid notice (as described below) we will remove any allegedly infringing content from the Services and will take reasonable steps to contact the provider of the removed content so that a counter-notification may be filed. Upon receipt of a valid counter-notification, we will evaluate the counter-notification and determine whether to restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
Copyright infringement notices must:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services;
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and
(g) be sent to ezpark's copyright agent at the following address:
2305, Concord Tower
Media City, Dubai, UAE
If any part of these Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.4.27 Assignment.
These Terms & Conditions, and the rights granted and obligations undertaken hereunder, may not be transferred, assigned or delegated in any manner by a User, but may be freely transferred, assigned, or delegated by ezpark.4.28 Waiver.
Any waiver of any provision of these Terms & Conditions, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.4.29 Arbitration and Venue.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause) between you and the ezpark and Associated Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration in San Francisco County, California.
The Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator, certified by the American Arbitration Association ("AAA"), with substantial experience in resolving commercial contract disputes. As modified by these Terms & Conditions, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Arbitration Rules and Procedures").
You and ezpark must abide by the following rules:
(a) ANY CLAIMS BROUGHT BY YOU OR EZPARK MUST BE BROUGHT IN THE 'PARTY'S' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
(b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
(c) the arbitrator shall honor claims of privilege and privacy recognized at law;
(d) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
(e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
(f) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or ezpark may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ezpark shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in San Francisco County, California.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.4.30 Choice of Law.
The Services are operated by a UAE entity, and these Terms & Conditions is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.4.31 General Terms.
You agree that no joint venture, partnership, or employment relationship exists between you and any of the ezpark Parties as a result of agreeing to these Terms & Conditions or use of the Services. Further, no joint venture, partnership, or employment relationship exists between any of the ezpark Parties and any Owner. Our performance of these Terms & Conditions is subject to existing laws and legal process, and nothing contained in these Terms & Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned within the Services are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are expressly reserved.4.32 ACKNOWLEDGEMENT.
Notwithstanding any agreements or terms expressly incorporated by reference in these Terms & Conditions, these Terms & Conditions constitutes the entire agreement between the parties. These Terms & Conditions (as it may from time to time be amended, restated, or otherwise modified) supersedes any prior agreements, understandings, or negotiations, whether written or oral.