In using this Service you are deemed to have read and agreed to the following terms and conditions:
This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the parking reservation services (the "Services") being offered at the URL: http://www.greendotparking.com, mobile applications and sites owned and operated solely by GreenDotParking LLC. As used in this Agreement, "GDP" refers to GreenDotParking LLC. ”Buyer” and refers to you, the person or entity accessing this services and accepting GreenDotParking’s terms and conditions. “Users” refers to Buyer and Seller. “Party” or “Parties” refers to Buyers, Sellers and GDP. “Seller” refers to the person or persons accessing the services for the purpose of representing parking spots with buyers or the general public. “Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We do not own or manage, nor do we contract for, any property listed on the Site. GDP provides the Services to Buyers for the purpose of assisting Buyers in securing parking reservations at participating Seller owned, managed, or authorized properties. The Seller populates our database with information about the properties for rent. The availability of parking is determined at the time of Buyer's query. Once a reservation is made by Buyer, GDP will provide confirmation of the reservation to USERs by email. By using the Services, USER agrees to receive reservation confirmations by email after booking a reservation through the GDP Service.
USE OF THE SERVICES AND THE GDP SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT.
GDP may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the GDP Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SERVICE.
We are committed to protecting your privacy. Only authorized employees within GDP on a need to know basis access private information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. GreenDotParking LLC will not sell, or expose in any other way, Buyer or Seller information that has been input into our databases which is not part of the express purpose of Seller marketing their properties or facilitating a Buyer and Seller transaction. Buyer information including surname, telephone, e-mail and vehicle information is shared with Seller for the purposes of managing the transaction and their lot for the duration of the reservation. Seller information including address and space availability is shared with buyers. Sellers may not disclose any of this information to third parties nor may they share buyer information with other buyers. Violation of this may result termination of account.
We will not share any proprietary user information obtained in the course of our business engagement with any third party with exception of our banking institution to facilitate collection, payments, and refunds. It is the sole responsibility of the Seller to conform to any statutes regarding individual financial reporting.
The materials and services provided for and depicted on the GDP Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the GDP Site is provided to Users by GDP for the purpose of using the Services. Users shall not copy, display, modify, repurpose, create derivative works of, publish, or sell the GDP Content or any information, software, or services provided by GDP. Users and general public may not use any robot, spider, scraper or other automatic device, process or means to access the GDP Site for any purpose without GDP’s express written permission. No license, right or interest in any trademarks of GDP or any third party is granted under this Agreement. The GDP content and representation of that content may be modified from time to time by GDP at its sole discretion.
Exclusions and Limitations
The information on this Service is provided on an ”as is” basis. To the fullest extent permitted by law, GDP:
-excludes all representations and warranties relating to this Service and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Service and/or GDP’s literature; and
-excludes all liability for damages arising out of or in connection with your use of this Service. This includes, without limitation, direct or indirect loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised GDP of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Arbitration Agreement, Jury Trial and Class action Waiver
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and GDP or GDP's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, 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 “Rules and Procedures”).
Payment to Sellers
GDP attempts to make payment to sellers is the most expedient manner. Payments by GDP’s credit card processing provider are made on a rolling 7 day basis. Payments to seller will be triggered when funds are available from the credit card processing and usually take 1-2 business days to clear. Seller’s funds will not be released until successful completion of parking services and will be released pending any discrepancy resolution between buyer and seller. This may result in partial payments to seller set forth in the provisions above pending successful resolution of discrepancy between buyer and seller. Payments to sellers will be ex actual credit card services fees charged by provider. GDP is not liable should these fees change and will make reasonable attempts to advise sellers to current fee schedule. GDP is not liable for any loss due to timeliness of funds being available to seller.
Refund and Cancellation Policy
No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Buyer has the right to cancel for any reason up to 48 hours prior to the event. Refunds will be given for the cost of parking rental to the buyer. No refund will be given for service fees associated with the booking of the reservation.
Seller shall give buyer 48 hours notice of cancellation. In these events, buyer will receive a full refund for any and all feed paid by buyer. Seller is responsible for service fees associated with the reservation. These funds will be due GDP from seller. Mechanism of collection is at the sole discretion of GDP.
Exceptions to Policies will occur from periodically for various purposes including marketing, promotion, or customer satisfaction. Exceptions are at the sole discretion of GDP and do not constitute a change in policy.
Failure to adhere to the Agreement will result in immediate account suspension in addition to other remedies allowed by statute. The User is responsible to adherence to Federal law with regard to solicited or unsolicited contact and holds GreenDotParking LLC and its officers harmless and indemnifies GreenDotParking LLC from penalties imposed as a direct result of the User’s use of this system in violation of any statute.
GDP does not warrant that the service from this Service will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.