Aloha, thank you for visiting the Parklinq Corporation (“Parklinq,” “we,” “us,” or “our”) website
at Parklinq.com (the “website”). We strive to provide the most user friendly and efficient way of
finding parking. Your use of the website and mobile app (collectively, the “Site”) are subject to
the terms and conditions below, which may be revised from time to time without notice. Please check
the Terms and Conditions periodically for changes. These terms and conditions govern your use of
the information, materials and documents made available to you though the Site, including the
Members Area and other tools provided for Hosts.
By accessing and/or using the Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms and Conditions, then please do not use the Site. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Parklinq connects people looking to rent parking (“Drivers”) with people or businesses who have parking to rent (“Hosts”). The service provided by Parklinq is limited to: (i) informing Drivers of the location and potential availability of parking, and (ii) providing Drivers the ability to book parking. The allocation of parking spaces within a lot is solely in the control of the Hosts or lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, the parking arrangement as between Drivers and Hosts is governed by rules of the parking facility as posted at the location or as otherwise provided to Drivers by the Hosts.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Parklinq does its best to ensure that the parking booked through the Site will be ready for arrival. In the event that a booked parking spot is not available upon arrival of the Driver, then an alternative parking spot or a 100% refund will be issued. Claims for refunds must be made within 24 hours of the reservation start time. In order to assist Parklinq with evaluating the claim for refund or other dispute, photographs are recommended.
Drivers who book parking through the Site must present the Parklinq parking pass included with the booking to use the reserved parking spot on the day of the reservation if the Host or facility requires it. Drivers are responsible for ensuring they arrive at their booked parking location. Parklinq is not responsible for road closures, weather delays, changing traffic conditions, or any other circumstances outside of Parklinq’s control.
The parking booked is valid only for the times listed on the parking pass. Drivers can enter at any time after the start time listed on the Parklinq reservation and depart at any time prior to the end time listed on the reservation. Drivers may extend the time of their reservation as long as the reservation is still active and inventory is still available by calling Parklinq customer support.
BE AWARE, ANY TIME SPENT PARKED OUTSIDE OF THE 15 MINUTE GRACE PERIOD PROCEEDING THE RESERVATION WITHOUT EXTENDING THE TIME IS SUBJECT TO A $35 “OVERSTAY FEE” FROM Parklinq IN ADDITION TO A TICKET OR TOW FROM THE Host.
Resale of Parklinq parking passes is absolutely prohibited. In addition to other legal remedies, Parklinq may terminate a Driver’s account and ban the Driver from further use of the Site for violations of these terms.
Parking booked through the Site is fully refundable up to 5 minutes before the start of the reservation unless noted otherwise (“Cancellation Deadline”). Drivers can cancel their booking for any reason before the Cancellation Deadline. Hosts will not be charged any fees for canceled bookings. Except for disputes as settled in accordable with these Terms and Conditions, all bookings are non-refundable after the Cancellation Deadline.
All parking prices on Parklinq.com are set directly by the Host, not Parklinq.
Subject to the terms and conditions, Parklinq hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Members Area and the information Parklinq provides or makes available to you in connection therewith, solely for internal business purposes. You will not (and will not permit any third party to) make any use or disclosure of the information found in the Members Area that is not expressly permitted under this Agreement. Without limiting the foregoing, you will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, algorithms, file formats or interface protocols of the Members Area or of any files contained in or generated by the Members Area; (ii) copy, modify, adapt or translate the Members Area, (iii) resell, distribute or sublicense the Members Area, make the Members Area available on a “service bureau” basis, or otherwise allow any third party to use or access the Members Area, (iv) remove or modify any proprietary marking or restrictive legends placed on the Members Area; or (v) use the Members Area in violation of any applicable law or regulation. As between Parklinq and you, Parklinq retains title to and ownership of the Members Area and all information found therein, including all copyrights and other intellectual property rights relating thereto. You will have no rights with respect to the Members Area other than those expressly granted under this Agreement.
By listing parking for booking on Parklinq, the Host agrees to honor any parking sold. All information provided in the Parklinq listing must be accurate. If the Host cannot fulfill the parking space or false information about the parking is provided, Parklinq will hold the Host liable to reimburse the Driver for their expense. Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your Parklinqaccount. Parklinq maintains the right to request proof of ownership to verify your authority to sell parking at a particular location.
Parklinq collects the parking reservation fees from Drivers and then distributes the fee to the Host, less transaction, service and processing fees, taxes, and commissions, which are subject to change at any time. Payment will be issued by Parklinq to Host through debit card, electronic bank transfer, or check at the Host’s request, and will be processed in no more than 10 business days after the reservation time.
Hosts are responsible for determining and paying any and all taxes (other than Parklinq’s
income tax) or duties associated with the sale of the services and reservations, such as State of
Hawaii General Excise Tax, state and federal income tax, and any related penalties or interest
(collectively, "Taxes"). Each Host’s tax situation is different and we recommend that you consult a
tax professional to determine your tax liability.
Hosts must keep a current phone number on file with Parklinq for each parking location listed on the Site. This number will not be shared with Drivers, but rather is so that Parklinq is able to contact Host in the event a problem arises with the parking spot.
Hosts authorize us to withhold payment or charge their credit card account any amount owed to Parklinq if: (a) a sale is cancelled for any reason; (b) a refund is made to a Driver due a problem with the parking spot; (c) we reasonably believe that a Host has committed fraud or other illegal act or omission during any buying or selling activity; or (d) Host provides incorrect or misrepresented parking and/or parking related services for any booking or portion thereof.
The Drivers name, vehicle license plate number, and contact information is provided to the Host for
the sole purpose of ensuring the parking reservation is fulfilled and may not be used by the Host for any other purpose.
Hosts must keep a current phone number on file with Parklinq for each parking location listed on the Site. This number will not be shared with Drivers, but rather is so that Parklinq is able to contact Host in the event a problem arises with the parking spot
PARKLINQ reserves the right to cause any vehicle to be towed that is parked or operated in any area or manner other than as expressly authorized hereunder. If PARKLINQ causes a PARKLINQ user’s vehicle to be towed, PARKLINQ will promptly notify the Driver of such vehicle that the vehicle has been towed and provide the Driver with contact information for the relevant towing company. All costs and expenses related to the towing of any vehicle will be the sole responsibility of the Driver of the towed vehicle.
All claims by Drivers against Hosts regarding unavailability of reserved parking spots will be
resolved by Parklinq, in its sole and absolute discretion. If we resolve a dispute in the Driver’s
favor, we will refund the Driver for the cost of the parking, and we will require the Host to
reimburse us for the refund. False reports made by Drivers may result in account termination.
Claims of parking unavailability where the Host is found at fault will result in a $20 fee to cover chargebacks and other associated bank charges in addition to reimbursement to Parklinq of the refund to the Driver. Parklinq may terminate a Host’s account if a Host is found to be repeatedly at fault for parking unavailability.
The Parklinq name and logo, and all related product and service names, design marks and slogans are
the trademarks or registered trademarks of Parklinq Corporation. All other product and service
marks contained herein are the trademarks of their respective owners. You may not use any
Parklinqor third-party trademarks or logos without the prior written consent of Parklinq or the
applicable trademark owner.
The Site contains various information in the form of data, text, graphics, and other materials from Parklinq and third parties (the “Site Content”). You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content is and shall remain the property of Parklinq or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.
All comments, feedback, suggestions and ideas disclosed, submitted or offered to Parklinq in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of Parklinq Corporation and may be used by Parklinq in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. Parklinq is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make
While you are not required to create an account to find or purchase parking, in order to fully participate in all areas and benefits of the Site, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
SMS messages are sent by Parklinq for parking reservations once you provide us with your phone number and complete the booking process on the Site. SMS messages include links to parking passes.
Parklinq makes no guarantees with respect to the availability or uptime of the Site, the Site Content, or the application programming interface (“API”). Parklinq may conduct maintenance on any of the foregoing at any time with or without notice to you.
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
The Site, the Site Content, the API, and any other materials and products on this Site are provided
“as is” and without warranties of any kind, whether express or implied. We assume no responsibility
for the accuracy of any information contained on our Site, for any interruptions or errors in
accessing our Site, or for any viruses or other harmful components contained on our Site or the
server from which our Site is made available. We make no warranties or representations regarding
the use of the materials in this Site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL
WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR
SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM
A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
BY USING THE SITE YOU HEREBY AGREE THAT UNDER NO CIRCUMSTANCES WILL Parklinq OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Parklinq's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via Parklinq in the 12 months prior to the action allegedly giving rise to liability.
Parklinqmay from time to time issue promotional marketing incentives in the form of promotional codes, promotional discounts, coupon codes, or other marketing incentives (collectively, “Marketing Incentives”). The Marketing Incentives are given for no exchange of value or other consideration and you therefore have no ownership interests or rights in the Marketing Incentives. For this reason, Parklinq reserves the right to deactivate any Marketing Incentives at any time and for any reason, including, but not limited, to mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of any promotional program or Marketing Incentives. Further, Parklinq reserves the right to terminate or discontinue any promotional program or other program offering Marketing Incentives at any time without notice.
If you choose to use our referral program (“Referral Program”) to tell a third party (the “Referral”) about the Site in exchange for the opportunity to earn promotional credits for Marketing Incentives (“Referral Credits”), we will ask you for the Referral’s name, email address and other information. We will automatically send the Referral a one-time email, Facebook message, or text inviting the Referral to visit the Site. We store the Referral’s information for the purpose of sending this email and tracking the success of our referral program. Parklinq reserves the right to deactivate any Referral Credits at any time and for any reason, including, but not limited to, mistake, failure to maintain an updated online account, unauthorized use, or suspicion of fraud or abuse of the Referral Program or the Referral Credits in any way. Referral Credits are given for no exchange of value or other consideration, and are strictly promotional vouchers with no monetary value. Further, Parklinq reserves the right to terminate or discontinue the Referral Program at any time.
You grant Parklinq a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to Parklinq in connection with your use of Parklinq and its Services. You agree that Parklinq shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Parklinq user) in connection with the content in conjunction with Parklinq’s marketing, promotion and publicity efforts in any media known now or in the future.
You agree to indemnify, defend, and hold Parklinq and its parent, subsidiaries, affiliates, shareholders, officers, directors, attorneys, agents and employees (collectively, “Parklinq Affiliates”), harmless against any and all claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Parklinq and Parklinq Affiliates arising from, or related to, your use of the Site, use of a parking spot found through the Site, renting a parking spot through the Site, any breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Hawaii, U.S.A., 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. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Hawaii and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
YOU AGREE IN THE EVENT OF ANY DISPUTE OR CLAIM THAT YOU MAY HAVE AGAINST Parklinq WITH REGARD TO
YOUR USE OF THE SERVICES, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND
AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AS A PLAINTIFF OR CLASS MEMBER,
OR CLASS WIDE ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JUDGE OR JURY. HOWEVER THIS
CLAUSE WILL NOT APPLY TO CLAIMS BROUGHT BY Parklinq FOR YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY
RIGHTS; IN WHICH CASE WE MAY SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE RELIEF IN A COURT WITH
The arbitration will be administered by the Dispute Resolution Inc., a Hawaii corporation ("DPR") in accordance with its rules then in effect. The arbitrator will decide the substance of all claims in accordance with applicable law for the State of Hawaii and will honor all claims of privilege recognized by law. You agree that regardless of any statute or law to the contrary, any dispute or claim arising out of, related to, or connected with the use of services or Terms and Conditions must be filed within one (1) year after such claim arose or it will be forever banned. Any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. The payment of any filing and arbitration fees will be in accordance with DPR Rules.
Unless you and Parklinq agree otherwise, any arbitration hearing will take place in Honolulu, Hawaii. The parties agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability and formation of this clause. The arbitrator will render an award within the time frame specified in the DPR Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction. The arbitrator’s decision shall be final and binding on all parties. The arbitrator may award any individualized remedies that would be available at court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The prevailing party will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The arbitrator’s decision and judgment shall have no precedential or collateral estoppel effect.
This Arbitration Clause shall not apply to claims regarding the violation of Parklinq’s intellectual property rights.