Terms of Service

Flash Valet® is a service provided by FlashParking, Inc. a Delaware corporation (“FlashParking,” “our,” “us,” or “we”), for valet parking customers and operators which simplifies the valet parking experience utilizing SMS (long and short codes), www.flashparking.com (the “Website”), our application for mobile devices (the “Mobile Software”), a payment process whereby FlashParking facilitates payment for valet services using a third-party website (the “Payment Service”), and other interactive customer service solutions (collectively, the “Service”). Flash Parcs is a service provided by FlashParking, Inc. for parking customers and operators which simplifies the parking experience utilizing a Smart Station, www.flashparking.com (the “Website”), our application for mobile devices (the “Software”), a payment process whereby FlashParking facilitates payment for parking services using the Smart Station Terminal, mobile apps or a third party website (the “Payment Service”), and other interactive customer service solutions (collectively, the “Service”). These Terms of Service (the “Terms”) govern the use of these Services and apply to all visitors, registered users, and others who access these Services (“Users”). Please read these Terms carefully and contact us if you have any questions. If you do not agree to all the terms and conditions of these Terms, then you may not access the Service. By accessing, browsing, and using the Service, you agree that you have read, understood, and accept these Terms and our www.flashparking.com (incorporated herein by reference and available on the Website), whether or not you are a registered user of the Service(s).

AUTHORITY

If you are individual, by agreeing to these Terms, you represent that you are at least 13 years old. Persons who are at least 13 years old but under the age of 18 may only use the Service with legal parental or guardian consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you agree that you are fully responsible for the child’s use of the Service, including all financial charges and legal liability that the child may incur. Children under the age of 13 are not permitted to use the Service, and parents or legal guardians may not agree to these Terms on behalf of children under the age of 13. Accordingly, you represent that you are at least 18 years old or older or possess legal or guardian consent, and are fully able and competent to enter into these Terms.
If you are a business entity, by agreeing to these Terms, you represent that you are: (a) duly organized, validly existing, and in good standing under the laws of the jurisdiction of your formation; (b) qualified to transact business and in good standing in each jurisdiction in which you operate; and (c) your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and legally bind you to these Terms and all transactions conducted under your username(s) and password(s).

USE OF THE SERVICE

You may only use the Service for its intended purpose and solely in accordance with these Terms. Subject to these Terms, FlashParking grants you a limited, non-exclusive, non-transferrable, revocable license to use the Service. We may terminate this license at any time for any or no reason. Except for the rights expressly granted herein, FlashParking reserves all other rights and no other rights are granted by implication or otherwise. You may not restrict or inhibit any other person from using or enjoying the Service. The Service may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with the Service that require you to accept such third party’s terms. There may be additional fees associated with such third-party resources and technologies. We will provide prior notice of any such fee. FlashParking is not responsible for either the availability of these outside resources or their content, including for any services you may obtain by contacting any person as a result of use of the Service or the features hereof. FlashParking may, but is not obligated to, monitor your use of the Service. Creating an account with us (“Account”) gives you access to the Service in our sole discretion. We maintain different types of Accounts for different types of Users. You may close your Account at any time by contacting us. We may temporarily suspend or terminate your Account or access to the Service for any reason, without notice or liability to you. Upon termination of your use of the Service, you will continue to be bound by the terms hereof that by their nature are intended to survive any termination.
When you create an Account, you must provide us with accurate and complete information. To ensure that we are able to provide you with notices and information from time to time, you must update us with any change in your Account information. We encourage you to use an Account password that uses a combination of upper and lower case letters, numbers, and symbols. You are solely responsible for the activity that occurs on your Account, and you agree to keep the login and password secure. You must immediately notify us if you suspect your Account credentials have been compromised or you become aware of any unauthorized use of your Account. FlashParking is constantly working to improve the Service. Therefore, we may, without prior notice, modify the Service by adding or removing features and functionality to you or Users generally.
Any fees which we may charge for access to and use of the Service are available on the Website as amended from time to time. You are responsible for all fees charged by your telecommunications provider(s), payment instruments, or any other third-party in connection with your use of the Service.

INTELLECTUAL PROPERTY

The content of the Service is protected by law, including, without limitation, United States copyright law, trademark law, and applicable international treaties. Except as expressly provided by these Terms, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, sublicense, publish, display, download, transmit, or otherwise exploit the content of the Service (including the Mobile Software) in any form by any means without our prior written consent or the consent of our licensors. FlashParking does not grant you any licenses, express or implied, to the intellectual property of FlashParking or its licensors except as expressly stated in these Terms. FlashParking and its third-party licensors or suppliers retain all right, title, and interest in and to the Service (including the Mobile Software).

MOBILE SOFTWARE

FlashParking provides the Mobile Software to access the Service through a mobile device. To use the Mobile Software, you must have a compatible mobile device and acceptable mobile carrier service. For a current list of compatible devices, please visit www.flashparking.com. We do not warrant that the Mobile Software will be compatible with your mobile device. Standard carrier data charges may apply to your use of the Mobile Software. You acknowledge that FlashParking may from time to time provide upgrade versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrades of the Mobile Software on your mobile device and agree that these Terms will apply to all such upgrades.

PAYMENT SERVICE

As applicable and as available, FlashParking will provide a link to a third-party payment processing website (the “Payment Website”) via SMS or Mobile Applications to Users’ mobile devices to facilitate Users’ payment for participating parking services. For a list of currently accepted payment instruments, please visit the Website.In order to use the Processing Service, you must provide all required information requested at the Payment Website. You acknowledge and agree that FlashParking is not a party to your payment transaction(s) using the Payment Website. The Payment Service may not be used to process a payment that is unrelated to the payment for participating parking services. The Payment Service may not be used to receive cash advances or to facilitate the purchase of cash equivalents. Except as expressly set forth herein, all payments made using the Payment Service are non-refundable to you and are non-reversible by you through the Payment Service. You may have additional refund or chargeback rights under your issuer agreement for your payment instrument or applicable law. You should review your periodic statement from the issuer of your payment instrument, which will reflect your payments using the Payment Service. You agree to release FlashParking and its employees, officers, directors, and agents from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with a payment dispute using the Processing Service. FlashParking may have arranged for third-party providers to provide products or services to you in connection with the Payment Service. In order to use these products or services, you may be required to agree to additional terms and conditions from such third-party providers and may be subject to additional requirements of such third-party providers. For avoidance of doubt, these third-party provider terms are between you and the applicable third-party provider, not FlashParking.

INTERNATIONAL USE

The Service is controlled and operated by FlashParking from within the United States. We make no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so at their own initiative and are solely responsible for compliance with all applicable laws.

U.S. GOVERNMENT RESTRICTED RIGHTS

The content of the Service is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

PRIVACY AND SECURITY

Your privacy and security is important to us. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information as set forth in our Privacy Policy available on the Website www.flashparking.com, and to have your personally identifiable information collected, used, transferred to, and processed in the United States. While we strive to protect the security of your Account and personally identifiable information, we cannot guarantee that unauthorized third parties will not be able to gain access. You acknowledge that you provide your information at your own risk.

INDEMNITY

You agree to indemnify and hold harmless FlashParking and its employees, officers, directors, and agents from and against all damages and liabilities (including reasonable attorneys’ fees) that arise from a third party’s claim arising out of or on account of or resulting from your access to or use of the Service or your breach of these Terms.

DISCLAIMERS

The service is provided to you strictly on an “as is” and “as available” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. FlashParking does not and cannot control the flow of data to or from FlashParking’s network and other portions of the internet, wireless networks, third-party sms providers and aggregators, or the payment website. Such flow depends in large part on the performance of the internet and wireless services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the internet (including the payment website), wireless services, or portions thereof. FlashParking cannot guarantee that such events will not occur. Accordingly, FlashParking disclaims any and all liability resulting from or related to third-party actions or inactions that impair or disrupt your connections to the internet, wireless services, or portions thereof and therefore the use of the services by you.

LIMITATION OF LIABILITY

The service is provided to you strictly on an “as is” and “as available” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. FlashParking does not and cannot control the flow of data to or from FlashParking’s network and other portions of the internet, wireless networks, third-party sms providers and aggregators, or the payment website. Such flow depends in large part on the performance of the internet and wireless services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the internet (including the payment website), wireless services, or portions thereof. FlashParking cannot guarantee that such events will not occur. Accordingly, FlashParking disclaims any and all liability resulting from or related to third-party actions or inactions that impair or disrupt your connections to the internet, wireless services, or portions thereof and therefore the use of the services by you.In no event will FlashParking be liable to you or any third party for any indirect, consequential, exemplary, incidental, exemplary, special or punitive damages, including damages or costs incurred as a result of loss of time, savings, property, profits, or goodwill arising from your use of the service, even if FlashParking has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FlashParking’s aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $50. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In addition to and without limiting any of the foregoing, FlashParking will have no liability for any failure or delay resulting from any condition beyond its reasonable control, including, without limitation, governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures and Internet disturbances.

NOTICES AND MODIFICATIONS

We may provide notices to you as required by applicable law or for marketing or other business purposes via email notice, “push” mobile device notification, written notice, or through the Website. We reserve the right, in our sole discretion, to determine the form and means of providing notices to you, provided that you may opt out of certain notices as set forth in our Privacy Policy available on the Website. These Terms may be modified by us from time to time by updating and posting a new version on the Website or by otherwise notifying you of the revised Terms. When we modify these Terms, we will update the date at the bottom of these Terms. Your use of the Service after any such change constitutes your unconditional agreement to follow and be bound by these Terms, as modified. For this reason, we encourage you to review these Terms whenever you access or use the Service. If you do not agree to or cannot comply with any of these Terms, do not use the Service.

TERM AND TERMINATION

These Terms are effective as of the date of your first access or use of the Service and will remain in effect for the duration of your access or use. These Terms will automatically terminate upon your breach of these Terms.

GOVERNING LAW

The state or federal courts sitting in Travis County, Texas will have exclusive jurisdiction and venue over any dispute arising out of these Terms, and you hereby consent to the jurisdiction of such courts.

GENERAL

These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by its express terms. These Terms and the Privacy Policy constitute the entire agreement between you and us relating to the use of the Service and supersede and replace any prior agreement and communication between you and us, except as otherwise set forth herein. These Terms, and any rights or licenses hereunder, may not be transferred or assigned by you, but may be assigned by FlashParking without restriction and without your consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. The invalidity or unenforceability of any provision of these Terms will not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and will not be given any legal import.

CONTACT

Please contact us at info@flashparking.com with any questions regarding these Terms.
Last updated: January 10, 2017