Terms & Conditions
Terms and Conditions
The following Terms and Conditions govern your use of the Discount Parking website system (the “System”), which is owned and operated by Discount Parking, LLC, (Discount). Your access to, and use of, the System and the services, products and networks found at or related to the System (referred to collectively as the “Service”) are subject to the following Terms and Conditions.
When we refer to “we,” “us,” or “our,” we mean Discount Parking, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
The Service provided by Discount Parking pursuant to the System is limited to: informing users of the location and potential availability of parking spaces. Third parties, who are the business of owning, leasing, managing or operating parking facilities shall process payments, negotiate terms of licenses, settle disputes between users of the Site, provide the parking service, operate the parking lot or otherwise accept custody of motor vehicles. Discount, in providing Service, does not accept any responsibility whatsoever regarding the safety of persons or property in the parking lots found on the System, guarantee the availability of a specific parking spot in the location you selected or the suitability of said parking spot. The responsibility of the forgoing is determined by the agreement between the parking provider and you.
ACCEPTANCE OF TERMS
By using the Service, you signify your acceptance of the Terms and Conditions and agree to comply therewith (the “Agreement”). We have the right to strictly enforce any of the provisions of the Terms and Conditions. If you do not accept and agree to the Terms and Conditions, do not use the Service.
Discount Parking reserves the right, at its discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this System following the posting of any change to the Terms and Conditions constitutes acceptance of those changes
By using the Service, you represent and warrant that you are at least 18 years of age and that you are legally able to enter into this Agreement under the current laws of your jurisdiction.
The service provided by this System is limited to: (i) informing customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. The decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. In connection with providing the Service, Discount Parking is not responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at our location or provided to you by them.
This Site is intended for personal, noncommercial use.
TERMINTION OF USAGE
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
PRICING AND AVAILABILITY
Discount Parking, in providing the Service, facilitates the reservation of parking between those in need of short-term and long-term parking (the “Licensees”) and owners, managers, or lessees of parking facilities (the “Licensors””). While we make every effort to provide accurate information regarding the parking listed on the System, Discount Parking does not make any representation as to the accuracy of such information. As Licensee you assume the risk that the information provided is not accurate. Discount Parking is not responsible for any consequences arising from not being able to park, delays associated with parking, road closures or changing traffic conditions. In all cases the parking arrangement will be governed by the agreement made between the Licensor and the Licensee as posted at the parking facility location or provided to the Licensee by the Licensor. By using the Service, Licensors have represented that they have full authority to license to the general public, the parking they propose to license, without restriction.
CANCELLATIONS AND REFUNDS
Unless otherwise provided in the agreement with the Licensor of the parking space, parking booked through the System is fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Cancellations must be submitted to the System and are not accepted via phone or email. After 24 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Parking customer was unable to use the parking.
LIMITATION OF LIABILITY
You agree that you are solely responsible for (and that Discount Parking has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for all activities that occur under your account.
BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DISCOUNT PARKING AND ITS AFFILIATES, OFFICERS, LICENSEES, LICENSORS, EMPLOYEES, AGENTS, AND PARTNERS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, VIOLATION OF ANY TERM OF THIS AGREEMENT, CONDUCT OR CONTENT OF ANY OTHER USERS OF THE SERVICE, AND UNAUTHORIZED USE OF CONTENT. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Discount Parking, in providing the Service, is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the Licensor to the Licensee’s vehicle while parked, attempting to park, or attempting to exit from the parking facility. The Licensee acknowledges that all claims of liability for any damage or injury to the Licensee, the Licensee’s vehicle, and the Licensee’s passenger or passengers that might or does occur while the Licensee is entering, parking, parked in or exiting the parking facility are solely against Licensor, and Discount Parking, in providing the Service, shall have no liability to Licensee relative to same. The use of the reservation is subject to Licensor’s rules and regulations. In the event that Licensee violates any rule of regulation, the Licensee runs the risk of being towed and accepts full responsibility for costs associated therewith. The provisions of this Article shall survive termination of this Agreement and your use of the Service.
You agree that the use of the Service is at your own risk. Discount Parking provides the Service on an “AS IS” and “AS AVAILABLE” basis WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DISCOUNT PARKING EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. WE EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR PRODUCTS YOU MAY RECEIVE FROM OTHER USERS OF THE SERVICE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The terms of this Article shall survive termination of this Agreement and your use of the Service.
By using the Service, you agree to indemnify Discount Parking and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from your use of the Service, your violation of this Agreement, or your breach of any representations and warranties herein. The terms of this Article shall survive termination of this Agreement and your use of the Service.
By using the Service, you agree to the following: (i) Compliance with Rules and Regulations. The Licensee agrees to comply with any rules and regulations established by any Licensor in connection with the utilization of the Services; (ii) Impersonation. You shall not impersonate others through the Service in a manner that does or is intended to mislead, confuse, or deceive other users of the Service regarding your identity. (iii) Illegal Activities. You shall not use the Service to solicit, enable or perform illegal acts or to deliver illegal products to other users of the Service; (iv) Disruption. You shall not engage in any activity that interferes with or disrupts the services provided by the System (or the servers and networks which are connected to the System). You shall not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; (v) Intellectual Property Rights. You shall not use the Service to display any content that violates the intellectual property rights of any user or third party; (vi) Spam. You shall not use the Service to distribute unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies. You shall not use any robot or spider to collect information about users for any unauthorized purpose; (vii) Privacy. You shall not use the Service to infringe on the privacy of others by posting confidential information including but not limited to credit card numbers, social security numbers, residential or business addresses, e-mail addresses, or other personally identifiable information; (viii) Abusive Content. You shall not use the Service to display content that does or is intended to harass, defame, threaten, or otherwise abuse others; and (ix) Pornographic Content. You shall not use the Service to display Content that is pornographic in nature.
TERMINATION OF SERVICE
We reserves the right, in its sole and absolute discretion and without prior notice, to terminate your account or otherwise limit your use of the Service for any reason including but not limited to any violation of this Agreement. Discount Parking reserves the right to decide whether your conduct has violated any terms of this Agreement.
Discount Parking reserves the right to remove or otherwise alter any content you submit to the Service without your permission.
AGENCY AND EMPLOYMENT
This Agreement is not a contract for employment. No agency relationship exists between you and Discount Parking LLC or its affiliates, officers, licensees, licensors, employees, agents, and other partners.
Discount Parking, LLC is not a party to any contract formed by the use of the Service other than as provided by this Agreement.
This Agreement constitutes the entire agreement between you and Discount Parking , and supersedes any prior written or oral agreements. This Agreement is subject to all state, federal, and local laws. If any term in this Agreement is held invalid or unenforceable, the invalid or unenforceable term should be stricken and the remainder of the Agreement shall be construed as to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect. Our failure to enforce any term in this Agreement will not constitute a waiver of that or any other term in this Agreement. This System is operated by Discount Parking, LLC, a limited liability company organized under the laws of the State of Florida. The parties consent to the exclusive jurisdiction of the state courts of Florida or of the United States District Court for the District of Florida and irrevocably agree that all actions or proceedings relating to this Agreement will be litigated in such courts. The parties waive any objection based on improper venue or forum non conventions.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction.