Terms of Use

Welcome! By using the IParkSimple.com website or mobile application (collectively the "Sites"), you agree to be bound by the following terms and conditions (the "Terms of Use" or "Agreement"). As used in this Agreement, IParkSimple, LLC. will be referred to as "IParkSimple" or "we", and you will be referenced as "you".

You confirm that you have read and accept the terms of our Privacy Policy, the terms of which are hereby incorporated into this Agreement. You hereby consent to the use of your personal information by IParkSimple and/or third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

IParkSimple makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. IParkSimple will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.

Acceptance

By using the Site and any provided parking information, materials and documents ("Materials") made available on the Site you are agreeing to be bound by the following Terms including any notices contained or referenced within. If you do not wish to be bound by these Terms please do not use the Site or Materials.

We reserve the right, in our sole discretion, to periodically modify or supplement these Terms. Therefore, please check periodically for modifications. All amended Terms become effective as to you upon being posted and your continued use of the Site. Additionally, by using the Site you represent that you are of sufficient legal age to enter into this Agreement and create a binding legal obligation.

Ownership and Reservation of Rights

The IParkSimple name, logo, all related product and service names, design marks, and slogans are the trademarks or registered trademarks of IParkSimple, LLC. Without the express written consent of us, you are not permitted to use the IParkSimple name, logo, or mark in any advertising, publicity or in any other commercial manner.

The Site contains various information in the form of data, text, graphics, and other materials (the "Site Content"). You acknowledge that the Site and its elements are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or part.

As between IParkSimple and you, IParkSimple retains all rights, titles, and interest in and to all intellectual property rights embodied in or associated with the Site, including the API, Database, Site Content, trademarks, and all Services. There are no implied licenses under this Agreement.

We may investigate complaints related to your use of the Services and take any action we deem necessary, including reporting suspected activity to law enforcement. Fraudulent users will be prosecuted to the fullest extent of the law.

The services provided by IParkSimple are limited to informing our customers of the location and apparent availability of parking and providing customers the ability to pre-book parking (the "Services"). The decision to utilize the Services are solely yours and you assume the responsibility and any assumption of risk associated with the Services.

The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. We cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, the parking arrangement will be governed by the agreement with the operator of the parking facility.

These Services are intended for PERSONAL, NON-COMMERCIAL USE (except by Sellers and Developers in accordance with the applicable terms below). You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material without our prior written consent.

We may modify or cease providing all or part of the Services at any time, including adding or deleting content or features. Your personal access to all or part of the Site and Services may be terminated or suspended at any time, with or without notice and for any reason.

In order to fully participate in all Site activities, you must register for an account by providing an email address and a password. You agree that you will never divulge or share access information to your User Account with any third party for any reason. You also agree to create, use, and access only one User Account. The creation of multiple accounts is a violation of this Agreement.

All parking prices on IParkSimple.com are set directly by the parking garage owner or operator, not IParkSimple. Parking garage owners or operators may charge an additional fee for oversized vehicles. Prices for parking can vary based on several factors including location, distance, time of reservation, date of reservation, and event schedules.

IParkSimple, in its sole discretion, may add a convenience or administration fee to the posted parking rates. By purchasing parking through the IParkSimple Sites you agree to pay the amount shown at the time you make the reservation.

All comments, feedback, suggestions, and ideas (collectively, "Comments") disclosed, submitted or offered to IParkSimple in connection with your use of this Site shall be and remain the exclusive property of IParkSimple, LLC. and may be used by IParkSimple in any medium and for any purpose worldwide without obtaining your specific consent.

Your first name, the first initial of your last name, and the town and state you live in may be used with any Comments you submit. IParkSimple is under no obligation to maintain your Comments in confidence, to pay compensation for Comments submitted, or to respond to any Comments. You agree you will be solely responsible for the content of any Comments you make.

To the extent the Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their content or practices, including their privacy practices. IParkSimple does not guarantee or warrant the accuracy or completeness of the information or content included on external websites.

Uptime and Disclaimer

IParkSimple makes no guarantees with respect to the availability or uptime of the IParkSimple Site, the API, the Site Content, or the Database. IParkSimple may conduct maintenance on any of the foregoing at any time with or without notice to you.

The Site, the Site Content, the API, the Database, and any other materials and products on this Site are provided "AS IS" and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components.

Liability Limit

IParkSimple's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via IParkSimple in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.

If you believe the Site contains any content that infringes on your copyright, please contact our Copyright Agent with the following information:

1. 1An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. 2A description of the copyrighted work that you claim has been infringed;
3. 3A description of where the material that you claim is infringing is located on the Site;
4. 4Your address, telephone number, and email address;
5. 5A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. 6A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A., without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, we may seek preliminary or permanent injunctive relief from any court of competent jurisdiction.

You submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with Consumer Arbitration Rules then in effect. The AAA Rules are available at adr.org/Rules or by calling the AAA at 1-800-407-9290.

Any dispute or claim arising out of, related to, or connected with the use of Services or Terms of Use must be filed within one (1) year after such claim arose or it will be forever banned. The payment of any filing and arbitration fees will be in accordance with AAA Rules.

If your claim is for ten thousand dollars ($10,000) or less, the arbitration will be conducted solely on the basis of documents submitted by all parties. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. The arbitrator's decision shall be final and binding on all parties.

Modification

IParkSimple may at any time modify these Terms of Use and Privacy Policy. If we make material changes we will notify you of such changes. Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

Miscellaneous

The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at legal@iParkSimple.com.

Users who book parking through the Site must present the parking pass in accordance with the instructions included with the booking. You are solely responsible for ensuring that all information regarding your booking is correct including, if required, your license plate number, car make and model, and reservation time.

IParkSimple will not be liable to you if you enter any information incorrectly and you receive a ticket, a boot is placed on your vehicle, or your car is towed. If you do not present the parking pass, you will not get credit for the online payment.

If you arrive early or stay past your parking time you will be charged the posted rates at the garage, and not the booked rate. The parking booked is valid only for the times listed on the parking pass. You are responsible for ensuring that you arrive at the correct booked parking location. IParkSimple is not liable for road closures or changing traffic conditions.

It is your responsibility to comply with any and all rules or regulations posted by garage operators. Resale of IParkSimple parking passes is not permitted.

Drive Up Mobile Payments is an in-app feature that allows you to pay for off-street parking at a gated parking garage using your smart mobile device and the IParkSimple App. You must have an account to use this feature. Only use this feature if you have NOT pre-booked parking.

Drive Up Mobile Payments allows you to estimate your total for parking after you scan your ticket. All estimates are simply that — an estimate and are not guaranteed to be the final cost. The final cost is charged upon your exit and calculated based upon your entrance and exit times.

Coupon Use

You are required to abide by all terms and conditions associated with iParkSimple coupons and discounts. All coupon codes are non-transferable and are generally intended only for one-time use. You may not post codes or distribute them in any other manner. IParkSimple, in its sole discretion, may suspend your account for violation of this term.

Any credits you may receive can only be used when you are logged into your account and will not be transferred to another user's account or applied to bookings made from a different account.

Cancellations and Refunds

Any reservation is fully refundable up to the start of that reservation unless specifically noted otherwise. You can cancel your reservation at any time up to the start of your reservation.

Bulk Reservation Purchase Requests

By completing and submitting a Bulk Purchases Request you acknowledge and agree to the following:

1. 1IParkSimple will be selecting and purchasing parking reservations on your behalf;
2. 2You agree to allow IParkSimple to charge your credit card that is on file on the date of the reservation;
3. 3IParkSimple will use its best efforts to accommodate your exact request; however, there is no guarantee that the request can be fulfilled as made;
4. 4When fulfilling a Bulk Reservation Request, IParkSimple will default to select a parking facility closest to your requested destination;
5. 5You understand that requests may be fulfilled at multiple parking facilities based on number of spaces needed, destination, facility size, and availability;
6. 6Only spaces are being reserved, not a specific location within the facility;
7. 7IParkSimple will contact you should any issues arise in fulfilling your request;
8. 8Once a request is fulfilled it is your sole responsibility to contact IParkSimple for any changes or cancellations.

Order of Precedence

In the event that a Seller has entered into a separate written Seller Agreement with IParkSimple and such Seller Agreement includes terms or conditions that conflict with this section, the terms and conditions of the Seller Agreement shall govern.

Non-Solicit

Each party shall not, during the term of the Agreement and for two (2) years after its termination, directly or indirectly solicit or employ any employee of the other party or its affiliates without written consent; provided that neither party shall be precluded from hiring any person who responds to a general advertisement not targeted specifically at employees of the other party.

Seller Console

IParkSimple grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Seller Console solely for internal business purposes. You will not and will not permit any third party to:

1. 1Reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Seller Console;
2. 2Copy, modify, adapt, or translate the Seller Console;
3. 3Resell, distribute or sublicense the Seller Console or allow any third party to use or access it;
4. 4Remove or modify any proprietary marking or restrictive legends placed on the Seller Console;
5. 5Use the Seller Console in violation of any applicable law or regulation.

Fulfillment

By listing parking for booking on iParkSimple, the Seller agrees to honor any parking sold. All information provided in the iParkSimple listing must be accurate. If the Seller cannot fulfill the parking space or false information is provided, iParkSimple will hold the Seller liable to reimburse the Buyer.

It is illegal to sell parking that you do not own or have the authority to sell. Any violations will result in the immediate termination of your iParkSimple account.

Payment

IParkSimple guarantees payment to the Seller for all bookings fulfilled minus the applicable IParkSimple Fee. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller's request, processed in no more than 10 business days.

Taxes

You accept exclusive responsibility for filing and paying all relevant and applicable local, state, and federal taxes. IParkSimple shall have no obligation to collect or remit any taxes on your behalf. You shall indemnify IParkSimple from and against any costs and claims incurred as a result of your failure to comply.

Contact Information

The Buyer's name and contact information are provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used for any other purpose. This information is considered confidential and is not to be shared with any third party without the prior written consent of IParkSimple.

Making Adjustments

Sellers authorize us to withhold payment or charge their credit card account any amount owed to IParkSimple if: a sale is canceled for any reason; an adjustment is made under our IParkSimple Guarantee; we reasonably believe that a Seller has committed fraud; or a Seller provides incorrect or misrepresented parking services.

Fulfillment Dispute Resolution

The iParkSimple Fulfillment Dispute Resolution requires Sellers to comply with our resolution process if a Buyer files a claim. If we resolve a dispute in the Buyer's favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. A warning notice will be sent to the Seller, and we reserve the right to charge a $15 fee to cover chargebacks.

Grant of License

You grant IParkSimple a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site any content you may provide to IParkSimple in connection with your use of the Services.

Indemnity

You agree to indemnify and hold IParkSimple and (if applicable) any parents, subsidiaries, affiliates, officers, directors, attorneys, agents, and employees harmless against any claim or demand for all liabilities, costs, and expenses (including reasonable attorneys' fees) that arise out of any claim asserted by a third party involving your actions or omissions on this Site, including your breach of this Agreement or violation of any law.

This Privacy Policy ("Policy") is incorporated into our Terms of Use and applies to www.iParkSimple.com and the IParkSimple Mobile App. Please read the Policy as it describes how we collect, why we collect, how we protect and how we use any personal information you provide to us via the Site.

By using the Site and Services you are agreeing and accepting the Privacy Policy and Terms of Use. This policy may change from time to time so please check back periodically.