Agreement between Customer and ParkChirp.com
Welcome to the ParkChirp.com website (the “Website”). This Website is provided solely to assist customers in gathering parking information, determining the availability of parking goods and services, making legitimate reservations or otherwise transacting business with parking operators and owners, and for no other purposes. The terms “we”, “us”, “our” and “ParkChirp.com” refer to ParkChirp, LLC, a Delaware LLC. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and these Terms and Conditions. Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the website
As a condition of your use of this Website, you warrant that
- You are at least 18 years of age,
- You possess the legal authority to create a binding legal obligation,
- You will use this Website in accordance with this Agreement,
- You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
- You will allow ParkChirp to utilize information provided to contact you about special deals or general information related to parking for informational purposes,
- All information supplied by you on this Website is true, accurate, current and complete, and
- If you have a ParkChirp.com account, you will safeguard your account information including your password and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- You will abide to the terms and conditions that each individual parking facility posts.
You agree to the following terms.
ParkChirp.com’s services are limited to the following:
- Displaying the potential availability and prices of parking spaces
- Processing transactions for reservations
- Collecting payments on behalf of Parking Owners for reservations
ParkChirp.com does not:
- Operate any parking facilities
- Have direct knowledge of availability of parking at any parking facilities
- Control inventory or prices for parking spaces listed for sale on the site
- Accept custody of any vehicle
- Accept any responsibility for the security or safety of persons parking in any of the parking facilities
- Guaranty the availability of a specific parking space
- Provide any services other than those outlined above
By using our service, you agree that ParkChirp.com is not responsible for:
- Any issues or damages that result in using ParkChirp.com wither the events occur inside or outside of the parking facility
- Any loss of persons or property in any parking facility found through use of ParkChirp.com
- Any additional fees or costs associated with road delays, construction or any reason why the parking stay may be outside of the reserved times
- Resolving any disputes between the parking facility and you
- Any losses that result from a reserved spot not being available when you arrive, although we will attempt to either find you another alternative or issue a refund
- Any issues, damages or losses that result from you not following each facility’s individual terms and conditions or rules and regulations.
- Any issues, damages or losses that result from the loss of personal or payment information on
Changes / Cancellations / Overages
By using our service, you agree to the following:
- All monthly and coupon purchases are only changeable or refundable with approval of the individual facility where they were purchased.
- All hourly and event purchases can be cancelled up to 24 hours in advance of the start date and time of the parking stay. Cancellations will not be accepted after this time for any reason.
- Parking outside of the reservation times could result in an additional payment owed from you to the parking facility owner or operator or ParkChirp.com
Owners and Operators
As an Owner or Operator, you agree to the following:
- ParkChirp.com does not guaranty the uptime of ParkChirp.com
- ParkChirp.com does not guaranty any functionality of the ParkChirp.com system
- ParkChirp.com is not responsible for and does not pay any parking, sales or other taxes relating to parking reservations.
- Owner or Operator will pay all parking, sales and other taxes will be paid by Owner or Operator.
- Owner or Operator will make reasonable efforts to provide ParkChirp.com with accurate information.
- ParkChirp.com is not liability for any inaccuracies on its site.
Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, PARKCHIRP, LLC, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE ” COMPANIES”) AND THE AFFILIATED, CO- BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “AFFILIATES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN ADDITION, ParkChirp.com EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT ANY HOTELS.COM CHANGE OR CANCELLATION FEES.
THE COMPANIES, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANIES OR THE AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANIES, THE AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANIES, AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANIES, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE PARKING FACILITIES OTHER SUPPLIERS PROVIDING PARKING SPACES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANIES, OR AFFILIATES. THE COMPANIES AND THE AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COMPANIES AND THE AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE COMPANIES, THE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANIES, THE AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Companies, Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Companies, Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Companies, the Affiliates, and/or their respective suppliers.
Copyright & Content
All information, data, images, designs, documents, materials and content (collectively, “Content”) on ParkChirp.com is ParkChirp.com’s property and protected. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Site at any time in our sole discretion.
You agree to defend and indemnify ParkChirp.com and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein;
Your violation of any law or the rights of a third party; or
Your use of this Website.
You agree to release ParkChirp.com and its members, managers, officers, employees, other users, Owners, Operators and any other representatives from any claims, losses or damages, known and unknown arising out of your use of ParkChirp.com.
Severance & Waiver
You agree that if any of these terms are found unenforceable by any court, all other terms shall remain binding.
Please send notices to:
4 E Ohio Street, Suite 22
Chicago, IL 60611