Part III – Terms for All Services.
- Access to the 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.
- Your Account. You are required to create an account with Rent 2 Park through the Rent 2 Park Site or Rent 2 Park 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 this Terms & Conditions in any way. When registering for an Account, you must provide true, accurate, current and complete data about yourself on the Rent 2 Park 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 Rent 2 Park of any unauthorized use of your Account or any other breach of security related to your use of the Services. Rent 2 Park will not be liable for any misuse or unauthorized access to any User’s Account.
- User-Generated Content. 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 Rent 2 Park Site or through the Rent 2 Park Applications you thereby assign and transfer copyright, and all other rights to such content, to Rent 2 Park. 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 Rent 2 Park’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. Rent 2 Park reserves the right to remove any content from the Services at any time at our sole discretion and without notice.
- Promotional Uses. By accepting these Terms & Conditions you agree to allow Rent 2 Park to use any of your quotes, photos or videos pertaining to Rent 2 Park, including images and videos of you, as part of Rent 2 Park’s media and promotional outreach.
- 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 support ticket and request that Rent 2 Park assist in resolving the matter. By doing so you authorize Rent 2 Park to deal with the dispute or complaint as we deem appropriate. You also authorize us to use any and all funds we, or our merchant partners, may be holding on your behalf to resolves the matter. You additionally authorize us to deduct funds from or charge any payment method which you have registered with the Services for any amount up to $350 USD in order to resolve the matter.
- Referral programs and promotional offers. Rent 2 Park 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 a Host or Driver before you can be eligible to receive rewards. The rewards offered may be changed by Rent 2 Park at any time without notice. All promotional offers, coupon codes, introductory offers, account credits, or rewards may be changed, revoked, denied, or canceled at any time without any notice and at Rent 2 Park’s discretion, whether already granted to the User or not yet accrued.
- Rent 2 Park Promo Code Terms and Conditions. Any Rent 2 Park promotional code or coupon in any form (the “Code”) issued by Rent 2 Park 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 Rent 2 Park Services. Specifically, without limitation, access to and use of the Service is subject to the Rent 2 Park 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 Rent 2 Park in its sole discretion, will give Rent 2 Park 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). 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, Rent 2 Park reserves the right to (a) cancel any transaction on the Services; (b) void the value of the Code; and/or (c) charge your credit card for the full value of the Services ordered without the Code applied.
RENT 2 PARK 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 RENT 2 PARK AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL LIABILITY RELATING TO THESE PROMO TERMS OR THE CODE.
- Modifications to Services. Rent 2 Park 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 Rent 2 Park Site, Rent 2 Park Applications, and/or availability of certain Listings. Rent 2 Park shall have no liability to you for any of the foregoing actions. If you object to any 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.
- Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services and on the Rent 2 Park Site and Rent 2 Park Application are protected by copyright, trademark, patent and other intellectual property laws, and are the sole property of Rent 2 Park. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Rent 2 Park Content”) are provided to User by Rent 2 Park or its partners or licensors solely to support User’s permitted use of the Services. The Rent 2 Park Content may be modified from time to time by Rent 2 Park 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 Rent 2 Park Content by User shall constitute a material breach of this Terms & Conditions. Rent 2 Park and its partners or licensors retain all rights in and to the Services, Rent 2 Park Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
- Application License. Subject explicitly to the terms and conditions of this Terms & Conditions, Rent 2 Park grants User a non-exclusive, non-transferable, revocable license to use the Rent 2 Park Applications, in object code form only, on User’s compatible devices, solely to facilitate User’s permitted use of the Services. Users grant to Rent 2 Park a perpetual, royalty free, worldwide license to any improvement to or created from, or derivative works based on the Services.
- Use Restrictions. The Services and Rent 2 Park Content are offered solely for User’s personal use for the purposes described in this Terms & Conditions. Any and all other uses are prohibited. You agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Rent 2 Park Content except as expressly authorized by Rent 2 Park; (b) take any action that imposes or may impose (in Rent 2 Park’s sole determination) an unreasonable or a disproportionately large load on the Services or Rent 2 Park’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 Rent 2 Park Content to a third party; (e) use any portion of the Services or Rent 2 Park Content to provide, or incorporate any portion of the Services or Rent 2 Park 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 (and then only with advance notice to Rent 2 Park); (g) modify any Services or Rent 2 Park 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 Rent 2 Park Content; (i) use the Services or Rent 2 Park Content for any illegal purpose; or (j) publicly disseminate information regarding the performance of the Services or Rent 2 Park Content or access or use the Services or Rent 2 Park Content for competitive analysis or benchmarking purposes.
- Do Not Use While Driving. 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 Rent 2 Park Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Users. You agree that no Rent 2 Park 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 Rent 2 Park 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 RENT 2 PARK 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 RENT 2 PARK PARTY HARMLESS IN SUCH ACTION.
- Government End Users. The Services 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 U.S. 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 this Terms & Conditions.
- Export Control. You may not use, export, or re-export any of the Rent 2 Park Applications, Rent 2 Park 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 U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Termination. Rent 2 Park may suspend your ability to use all or any element of the Services or may terminate this Terms & Conditions effective immediately, without any notice or explanation. Without limiting the foregoing, Rent 2 Park may suspend your access to the Services if we believe you to be in violation of any part of this Terms & Conditions (including any associated Rent 2 Park 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 Rent 2 Park shall not be liable to you for any termination of this Terms & Conditions or for any effects of any termination of this 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 Rent 2 Park will have no liability whatsoever.
- Reviews, Comments, Communications and Other Content. We appreciate hearing from you. 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 (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Rent 2 Park reserves the right (but has no obligation) to monitor, remove, or edit User Content in Rent 2 Park’s sole discretion, including if the User Content violates this Terms & Conditions (including any associated Rent 2 Park Policies), but you acknowledge that Rent 2 Park may not regularly review submitted User Content. If you do submit User Content, please be aware that unless we indicate otherwise, you grant Rent 2 Park a nonexclusive, perpetual, royalty-free, 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. Rent 2 Park 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 Rent 2 Park Party harmless in the event Rent 2 Park 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 this 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. Rent 2 Park is not responsible for any public display or misuse of any User Content. Rent 2 Park 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.
- 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 Rent 2 Park and its other Users, partners, and licensees will not violate this 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 Rent 2 Park’s request) defend Rent 2 Park, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Rent 2 Park 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 this Terms & Conditions.
- Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO RENT 2 PARK GIFT CARDS AND MERCHANT GIFT CARDS, IN NO EVENT SHALL THE RENT 2 PARK 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 (A) THIS TERMS & CONDITIONS; (B) ANY USE OF THE SERVICES, THE RENT 2 PARK CONTENT OR THE USER CONTENT; (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES); OR (D) YOUR VISIT TO ANY PARKING LOCATION OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY HOLDER OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE RENT 2 PARK SITE OR PACEMINT 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 RENT 2 PARK CONTENT. RENT 2 PARK IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY HOST FOR WHICH A USER HAS MADE A RESERVATION OR UTILIZES ANY COUPON.
You and Rent 2 Park understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 below are essential elements of this Terms & Conditions, and that they represent a reasonable allocation of risk. In particular, you understand that Rent 2 Park would be unable to make the Services available to you except on these terms and hereby agree that this Terms & Conditions will survive and apply even if any limited remedy specified in this Terms & Conditions is found to have failed its essential purpose.
- Disclaimer of Warranties. THE SERVICES, ALL RENT 2 PARK 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. RENT 2 PARK 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. RENT 2 PARK DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT RENT 2 PARK 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 RENT 2 PARK WILL REVIEW AND POLICE THE USER CONTENT. RENT 2 PARK SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, VIRUSES CONTAINED IN ANY USER CONTENT, THE RENT 2 PARK SITE, RENT 2 PARK APPLICATION OR ANY RENT 2 PARK COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RENT 2 PARK.
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.
- Links to/from Third-Party Websites. The Services may contain hypertext links to/from websites operated by parties other than Rent 2 Park. Such hypertext links are provided for User’s reference only, and Rent 2 Park 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 Rent 2 Park. Rent 2 Park’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. Rent 2 Park 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 Rent 2 Park 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 Rent 2 Park Site (or Rent 2 Park Application) or relating to any applications you use or install from any such site.
- Release. Hosts 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 Host. YOU HEREBY RELEASE THE RENT 2 PARK 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 Rent 2 Park Parties pertaining to the subject matter of this Section 36.
- 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 Rent 2 Park’s copyright agent at the following address:
Rent 2 Park, INC – Copyright Enforcement
7860 W Commercial Blvd, 800
Lauderhill, FL 33351
- Severability. If any part of this 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
- Assignment. This 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 Rent 2 Park.
- Waiver. Any waiver of any provision of this 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.
- 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 Rent 2 Park Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration in Broward County, Florida.
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 this 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 “Rules and Procedures”).
You and Rent 2 Park must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR RENT 2 PARK 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 Rent 2 Park 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 Broward County, Florida. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Broward County, Florida in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Broward County, Florida 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 Rent 2 Park 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 Broward County, Florida.
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
- Choice of Law. The Services are operated by a U.S. entity, and this Terms & Conditions is made under and shall be governed by and construed in accordance with the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
- General Terms. You agree that no joint venture, partnership, or employment relationship exists between you and any of the Rent 2 Park Parties as a result of agreeing to this Terms & Conditions or use of the Services. Further, no joint venture, partnership, or employment relationship exists between any of the Rent 2 Park Parties and any Host. Our performance of this Terms & Conditions is subject to existing laws and legal process, and nothing contained in this 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 this Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this 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.
- Entire Agreement. Notwithstanding any agreements or terms expressly incorporated by reference in this Terms & Conditions, this Terms & Conditions constitutes the entire agreement between the parties. This 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.
REVISION DATE: August 1st, 2022