Accuracy of Contact and Account Information.
Verify that the contact and account information that you provide when you open an account with CallToPark™ is true and accurate in all respects. Should you need to change this information you may do so at any time by contacting customer support at firstname.lastname@example.org or by updating your account at www.calltopark.com.
Responsibility for Use of Account.
You are responsible for any use of your account, even if your account has been used by an unauthorized person. If you suspect that someone has gained unauthorized access to your account, through access to your cell phone or otherwise, it is your responsibility to notify CallToPark™ immediately. All transactions prior to such notification shall be deemed to be authorized by you. You further understand that your account is not a credit card protected by laws governing and covering credit card losses, nor is your account protected by the Federal Truth in Lending Act.
Use of your CallToPark™ Account.
You may use your CallToPark™ account at any CallToPark™ authorized parking lots. Each such lot will indicate its authorization as an authorized parking lot by sign or other visible means.
You may check your account use, charges and payment made by visiting the CallToPark™ website at www.calltopark.com. Use of your cell phone may require the use of a Personal Identification Number ("PIN").
Pricing and Payment Terms/Authorization to Charge Credit Card.
The price to park at a parking facility is determined by the particular parking facility. This cost should be displayed at each authorized parking facility. If you do not find the parking cost displayed at a parking facility that lists itself as an authorized CallToPark™ facility, your use of CallToPark™ to pay for your parking at that facility will be at your own risk with regard to the cost of parking. In addition to the parking charge, CallToPark™ will add a service charge and any applicable taxes for each parking transaction (the "total parking charge"). By accessing your CallToPark™ account, you are authorizing the total parking charge to be charged to the credit card then associated with your account information. Refunds are not provided for any unused time purchased.
The current service fee may be found on the CallToPark™ website.
Credit Card Rejection.
Should the credit card associated with your account reject payment of the total parking charge you agree to pay in addition to the total parking charge, a rejection fee of $30.00 U.S. for each parking transaction which is rejected will be charged. In addition, you authorize CallToPark™ to terminate your account immediately.
Call to Park is a Payment Service NOT a Parking Company.
Because CallToPark™ is not a parking facility and is only a service through which you may pay the parking facility for the privilege of parking your vehicle, CallToPark™ is not responsible for any acts or omissions by the parking facility, its staff, other users of the parking facility or third persons.
Disclaimer of Warranties/Limitation of Damages.
CallToPark™ has no control over telephone service, land or cellular, internet availability or payment technologies that may interrupt or prevent you from using your account. CallToPark™ is not available in all areas or in all parking facilities and may not be active at all times. By establishing a CallToPark™ account, you acknowledge that there may be times when you may not use your account and you waive any claim against CallToPark™ because of any interruption or condition which prevents use of your account. In addition, CallToPark™ does not warrant that its website, its servers, or email sent from CallToPark™ are or will be free of viruses or other harmful components. Further, you acknowledge that CallToPark™ is a payment service only and is not responsible for any damage or injury you or your property may suffer by parking in a parking facility authorized to use the CallToPark™ payment service. ACCORDINGLY, CallToPark™ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OPENING OF A CallToPark™ ACCOUNT, THE USE OF YOUR CallToPark™ ACCOUNT OR DAMAGE TO YOUR PROPERTY OR INJURY TO YOUR PERSON ARISING OUT OF OR RELATED TO THE USE OF THE CallToPark™ PAYMENT SERVICE. YOU AGREE THAT CallToPark™ WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, OF ANY KIND, ARISING FROM THE ESTABLISHMENT OF OR THE USE OF THE CallToPark™ PAYMENT SERVICE, OR INJURIES TO YOUR PERSON OR PROPERTY AT AN AUTHORIZED CallToPark™ PARKING FACILITY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Right to Dispute Parking Lot Charges.
If you believe that your account has been charged in error, you may call CallToPark's™ customer service at the telephone number (888)-235-7276. The number is also listed on the CallToPark website. In most cases, customer service will connect you to the parking facility operator from which the charges to your account arose. Upon notification by the parking lot operator that an error has occurred, CallToPark™ will reverse the amount of the error, except the service charges, by crediting the credit card associated with your account. All such disputed charges must be made within 30 days of the date your account has been charged or you waive any right to dispute the parking charges.
Dispute Resolution Between You and CallToPark™/Attorneys' Fees.
Any and all disputes that may arise between you and CallToPark™ relating to CallToPark's™ payment service not amicably resolved, shall be submitted to arbitration under the rules of the American Arbitration Association in effect at the time of the dispute. The dispute shall be conducted by a single arbitrator who shall have exclusive jurisdiction to determine the rights of the parties under this agreement and thereby resolve the dispute between you and CallToPark™. The decision of the arbitrator shall be final and binding on you and CallToPark™ and may be entered as a judgment in any court of competent jurisdiction. The site of the arbitration shall be located in Spokane County, Washington, and the parties agree that the claims and arbitration proceedings shall remain confidential and shall not be disclosed to third parties. The parties agree that arbitration under this agreement shall be solely between the parties to this agreement and neither party shall seek to join this arbitration to any other arbitration between CallToPark™ and others by way of class action arbitration or otherwise.
CallToPark™ Trademarks and Intellectual Property.
CallToPark™ is a registered trademark, the exclusive property of Imprezzio, Inc. and may not be used for any purpose without the prior written consent of Imprezzio, Inc. Any use or attempted use of the CallToPark™ trademark or other logos displayed on the CallToPark™ website shall be subject to injunctive or other equitable relief to prevent the unauthorized use of the CallToPark™ trademark or the other logos belonging to Imprezzio, Inc. The Court enforcing Imprezzio Inc.'s property rights shall award reasonable attorneys' fees to the prevailing party.
The substantive laws of the State of Washington, other than conflict rules, shall govern any dispute between you and CallToPark™ arising out of or related to your CallToPark™ account.
Amendment to Terms and Conditions.
CallToPark™ may change or modify any of these Terms and Conditions at any time. Changes or modifications will be available for review by you on the CallToPark™ website.
Cancellation of Your Account by CallToPark™.
CallToPark™ may cancel your account at any time for any reason by providing notice to you of such cancellation.