Parking Owner Agreement
KURBPARK PARKING LOT OWNER
TERMS AND CONDITIONS
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Kurbpark. If you do not agree to these Terms, you may not access or use the Services or use kurbpark to facilitate the rental of your parking lot. These Terms expressly supersede prior agreements or arrangements with you. Kurbpark may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. The Services
The Services constitute a technology platform that enables users of Kurbpark’s mobile applications to reserve, rent, and pay for the rental of party parking lots. For the purposes of this document, a parking lot is defined as “an area where cars or other vehicles may be left temporarily.”. The system may be used to help end users find both paid, and non-paid parking lots.
YOU ACKNOWLEDGE THAT KURBPARK DOES NOT PROVIDE ACTUAL PARKING LOTS NOR DOES KURBPARK OWN ANY OF THE PARKING LOTS, PARKING STRUCTURES, OR VENUES AT WHICH INDIVIDUALS MAY OBTAIN PARKING THRU KURBPARK SERVICES. KURBPARK MERELY PROVIDES LOGISTICS SERVICES TO CONNECT ENTITIES THAT HAVE PARKING, WITH ENTITIES THAT REQUIRE PARKING SERVICES. ALL PARKING IS PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY KURBPAR OR ANY OF ITS AFFILIATES.
ADDITIONALLY, YOU HEREBY ACKNOWLEDGE THAT KURBPARK SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY KURBPARK USERS WHEN THEY PARK IN A PARKING LOT MANAGED BY KURBPARK.
Subject to your compliance with these Terms, Kurbpark grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the kurbpark Application on your personal device and through kurbpark’s website solely in connection with your use of the Services. Any rights not expressly granted herein are reserved by Kurbpark and Kurbpark’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Kurbpark; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain Kurbpark’s property or the property of Kurbpark’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Kurbpark’s company names, logos, product and service names, trademarks or services marks or those of Kurbpark’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal account (“Account”) at http://bergstrom-dev.com/parking/owner. You must be at least 18 years of age, of the age of the majority if it is different then 18 years of age in your jurisdiction. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Kurbpark in writing, you may only possess one Account.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Kurbpark does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that kurbpark will directly collect all parking fees charged to, and paid by the end user. Kurbpark will additionally collect 10% of all revenue as a fee for you using kurbpark services. All remaining monies will be paid to you using Paypal. Monies will be paid on a monthly basis once the the amount is greater than $50.
Charges will be inclusive of applicable taxes where required by law. Charges paid by the end user are final and non-refundable, unless otherwise determined by Kurbark.
While you, as the owner of the parking lot, have the right to set minimum parking prices, Kurbpark retains the right to increase these prices in times of high demand in order to maximize your revenue and profitability.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KURBPARK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KURBPARK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KURBPARK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
KURBPARK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF KURBPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KURBPARK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF KURBPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KURBPARK’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED US DOLLARS($500).
KURBPARK’S SERVICES MAY BE USED BY YOU TO RENT YOUR PARKING LOT, BUT YOU AGREE THAT KURBPARK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE ACTUAL STATE, EXISTENCE OR DAMAGE TO ANY PARKING LOT IN THE SYSTEM INCLUDING YOUR OWN PARKING LOT.
You agree to indemnify and hold Kurbpark and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Kurbpark’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Nevada, USA, excluding its rules on conflicts of laws.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”