Effective date: 01/01/2023
These TERMS AND CONDITIONS (“Terms”) supplement the terms and conditions stated in the FACILITY USE CONTRACT (“Contract and Contract Terms respectively”) (1) which are posted on the signage located on this parking facility (“Facility”) that you drove your vehicle onto and (2) which you have agreed to comply with by remaining on this Facility. YOU HEREBY AFFIRM AND RATIFY YOUR AGREEMENT TO THE FACILITY USE CONTRACT POSTED AT THIS FACILITY.
The Contract Terms and these Terms set forth a legally binding agreement between you and Parking Revenue Recovery Services, Inc. (“PRRS”). The Contract Terms and these Terms specifically govern your use of this Facility and your relationship with PRRS. By using this Facility, you are affirming that you have read, understand, and agree to be bound by the Contract Terms and these Terms. If you do not agree to the Contract Terms and these Terms, you must leave this Facility immediately. The acceptance of these Terms does not replace the Contract or Contract Terms, which are a valid and enforceable agreement between you and PRRS.
BY PARKING ON THIS FACILITY AND AGREEING TO THE CONTRACT TERMS AND THESE TERMS, YOU HEREBY PROVIDE PRRS WITH YOUR EXPRESS PERMISSION AND CONSENT TO OBTAIN YOUR PERSONAL INFORMATION AND INFORMATION REGARDING THE VEHICLE YOU DROVE ONTO THIS FACILITY FROM STATE MOTOR VEHICLE RECORDS PURSUANT TO 18 U.S.C. 2721.
Eligibility. You may use this Facility only if you have the capacity to form a binding contract with PRRS, and only in compliance with the Contract Terms and these Terms and all applicable local, state, and national laws and regulations. If you’re agreeing to the Contract Terms and these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Contract Terms and these Terms on that organization’s or entity’s behalf and bind them to the Contract Terms and these Terms.
No Unlawful or Prohibited Use. You are granted a non-exclusive, non-transferable, revocable right to access and use this Facility strictly in accordance with the Contract Terms and these Terms. As a condition of your use of this Facility, you warrant that you will not use this Facility for any purpose that is unlawful or prohibited by the Contract Terms and these Terms. You may not use this Facility in any manner which could damage or impair this Facility or interfere with any other party’s use and enjoyment of this Facility.
Privacy. Your use of this Facility is subject to PRRS’s Privacy Policy referenced on the Contract, which also governs this Facility and informs users of PRRS’s data collection practices.
Payment. This Facility may require payment from you for the use of this Facility. You understand that only certain forms of payment may be accepted, and these acceptable forms of payment are subject to change at any time. This Facility and PRRS use a third-party payment provider for processing payment transactions, and the payment provider may impose processing or transaction fees or other charges or fees. This Facility and PRRS are not responsible for your interactions with third-party payment providers or for any fees or charges they may impose.
Disputing a Notice You may dispute a notice received from PRRS by submitting your dispute via the form at https://prrsparking.com/disputes . The form requires you to provide relevant information to support your dispute. PRRS staff will review and investigate your dispute. PRRS will respond to your dispute and communicate if the notice has been dismissed, a settlement offer is extended, or if the dispute is denied. If the dispute is denied you have the option to appeal PRRS’ denial to a 3rd party adjudicator. The steps to appeal will be provided in the Notice of Denial letter sent to you from PRRS.
Third-Party Services. You use of this Facility may result in links to other websites (“Linked Sites”). The Linked Sites are not under the control of this Facility and/or PRRS, and this Facility and PRRS are not responsible for the contents of any Linked Site. This Facility and PRRS provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by this Facility or PRRS of the site or any association with its operators.
Warranties and Disclaimers. Your access to and use of this Facility is at your own risk. You understand and agree that this Facility is provided to you on an “As Is” and “As Available” basis. Without limiting the foregoing, THIS FACILITY’S OWNER AND PRRS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. This Facility’s owner and PRRS are not responsible or liable for any harm to your person, vehicle, personal property, or other harm that may result from your access to and use of this Facility.
Limitations of Liability. By using this Facility, you hereby release, remise, and forever discharge and give up any and all claims which you may have against PRRS which now or hereafter arise from, relate to or are connected with the Contract and your use of this Facility or any third party’s use of this Facility. This includes, without limitation, any claim which could be asserted now or in the future under (i) common or civil law; (ii) any of PRRS’s policies, practices, or procedures; and/or (iii) any federal, state, and/or local laws or regulations. PRRS will not be liable for any damages of any kind arising from the use of this Facility, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Electronic Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that PRRS provides to you electronically and on this Facility’s signage satisfy any legal requirement that such communications be in writing.
Intellectual Property. All content included as part of the Contract and these Terms is the property of PRRS and is protected by laws that protect intellectual property and proprietary rights. PRRS does not grant you any licenses, express or implied, to the intellectual property of PRRS except as expressly authorized by the Contract Terms and these Terms.
Indemnification. You agree to indemnify, defend, and hold harmless PRRS, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from your use of or inability to use this Facility, your violation of any terms of the Contract Terms and/or these Terms, or your violation of any applicable laws or regulations. PRRS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PRRS in asserting any available defenses.
Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning the Contract Terms and these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then the parties agree that such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by an arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns the Contract Terms and these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of the Contract Terms and these Terms.
Class Action Waiver. Any arbitration under the Contract Terms and these Terms will take place on an individual basis. The parties agree that class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Governing Law. The Contract, Contract Terms and these Terms are governed by the laws of the state where this Facility is located, and you hereby consent to the exclusive jurisdiction and venue of courts in the state where this Facility is located in all disputes arising out of or relating to the Contract, Contract Terms and these Terms. PRRS’s performance of the Contract Terms and these Terms is subject to existing laws and legal process, and nothing contained in the Contract Terms and these Terms is in derogation of PRRS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Facility or information provided to or gathered by PRRS with respect to such use.
Severability. If any part of the Contract, Contract Terms or these Terms are determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the arbitration, 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 the remainder of the Contract, Contract Terms and these Terms shall continue in effect.
Modifications. PRRS may revise these Terms from time to time to reflect changes to the use of this FACILITY. The most current version will be on this page.
Entire Agreement. Unless otherwise specified herein, the Contract Terms and these Terms constitute the entire agreement between you (the user) and PRRS with respect to the use of this Facility and supersedes all prior or contemporaneous communications between you (the user) and PRRS.
