General Terms and Conditions
Modifications to Services
REZERV reserves the right, in its sole discretion, to modify the Services from time to time and without any prior notice to User, including, without limitation, removing, adding, or modifying portions of the REZERV Site, REZERV Applications, and/or availability of certain Listings. REZERV shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to immediately cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of, and consent to, such changes and satisfaction with all the Services.
Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Services and on the REZERV Site and REZERV Application are protected by copyright, trademark, patent and other intellectual property laws, and are the sole property of REZERV. All text, graphical content, video, data, and other content made available through the Services (collectively, the “REZERV Content”) are provided to User by REZERV or its partners or licensors solely to support User’s permitted use of the Services. The REZERV Content may be modified from time to time by REZERV in its sole discretion and without notice to User. Except as expressly set forth herein, no license, right, or interest is granted to User for any other purpose, and any other use of the Services or the REZERV Content by User shall constitute a material breach of this Terms & Conditions. REZERV and its partners or licensors retain all rights in and to the Services, REZERV Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
Do Not Use While Driving
You agree, represent, and warrant, so long as you use or access the Services YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or machinery. You understand that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment), or death. You further agree, represent and warrant, that you will not use or access the Services in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws. Under no circumstance will any of the REZERV Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Users. You agree that no REZERV Party shall be liable for any driving decisions made by you or at your suggestion, or for any damages, injury, or other harm caused by your use of or accessing the Services or REZERV Content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and you hereby waive any claims or causes of action you may have, now or in the future, arising from or relating to the same. IN THE EVENT THAT ANY PARTY NAMES ANY REZERV PARTY AS A DEFENDANT IN A CASE INVOLVING YOUR USE OF THE SERVICES WHILE OPERATING A VEHICLE, YOU AGREE TO INDEMNIFY AND HOLD ANY SUCH REZERV PARTY HARMLESS IN SUCH ACTION.
Government End Users
The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users of any the Services are licensed only as commercial items and with only those rights that are granted to all other Users pursuant to this Terms & Conditions.
You may not use, export, or re-export any of the REZERV Applications, REZERV Content, or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
AS TO STALL OWNERS
STALL OWNER, does hereby agree to lease to REZERV, INC., as SERVICE PROVIDER, the premises as described at the time of registration, on the terms and subject to the conditions as set out in this Parking Space Lease Agreement (“Agreement”) as follows:
Terms and Conditions:
STALL OWNER hereby guarantees they are the owner of or duly authorized agent with the right to lease the parking space as described at the time of registration. Said authorization also allows for SERVICE PROVIDER to initiate a tow, if ever necessary.
STALL OWNER further agrees to honor: 1) any and all reservations booked while the parking space is in “Open” status, 2) cancellations and 3) penalties for breaching any terms or condition of this agreement (i.e., fines and/or blocked from accessing the application as a result of multiple breaches).
- Service Provider Fees.
By listing the parking space, STALL OWNER agrees to pay to SERVICE PROVIDER 20% of the overall service fee collected. This percentage may change at any time.
- Receipts by Stall owner.
STALL OWNER agrees to provide a receipt to SERVICE PROVIDER for each payment received. Such receipt shall show the amount paid and number/description of the leased parking space.
The SERVICE PROVIDER shall have permission to sublease to any person (USER) the parking space without the direct written consent from the STALL OWNER.
Either party may terminate this Agreement at any time by discontinuing subscription to SERVICE PROVIDER’S website, as long as no pending reservation is in place.
- Damages and Loss of Equipment.
SERVICE PROVIDER is not responsible for any natural wear and tear or damages to the parking facilities. SERVICE PROVIDER will not be held responsible for replacement of any lost, stolen, damaged, or misplaced remote garage door openers or other parking facility related equipment lent to the USER by the STALL OWNER; however, SERVICE PROVIDER will facilitate the resolution of any disputes between STALL OWNER and any USER.
SERVICE PROVIDER agrees to indemnify and hold USER harmless in the event REZERV, or any of its employees/agents, are named as a defendant in an action.
STALL OWNER is required to keep the parking space[s] and immediate areas surround the parking space[s] in good condition and free from hazardous conditions.
- Stall Owner/User Disagreements.
STALL OWNER agrees they will attempt to resolve issues first with the USER with SERVICE PROVDER assistance, before resulting to any legal action.
- Dispute Resolution.
Both parties agree that should a dispute or legal action arise from this contractual relationship that the parties shall resolve such disagreement by binding arbitration.
- Governing Law.
This agreement shall be governed under the laws of the State of California
The STALL OWNER represents and warrants that they have the authority and permission to lease out the described parking space listed at time of registration. The SERVICE PROVIDER assumes no responsibility for any damage to person or property arising out of this rental agreement. The SERVICE PROVIDER agrees to abide by all by-laws of any garage rules, STALL OWNER’s association, condominium corporation, or any other guidelines/regulations governing the property associated with the parking space and will follow any notices given by said governing agencies regarding the parking space.
AS TO USERS
REZERV, INC., as SERVICE PROVIDER, does hereby agree to manage and lease (on behalf of STALL OWNER) to USER, a parking space on the premises as described at the time of registration, on the terms and subject to the conditions as set out in this Parking Space Lease Agreement (“Agreement”) as follows:
Terms and Conditions:
- Space Reservation.
SERVICE PROVIDER makes no guarantees that any parking space will be available at any time. USER agrees to park their vehicle only in parking spaces that have been duly marked in “Open” status and have made the appropriate reservation. USER further agrees that they will not park their vehicle in a parking space that not has been properly reserved, even if said parking space is empty.
- Items left in Vehicle.
SERVICE PROVIDER shall not be responsible for damage or loss to possessions or items left in USER’s vehicle.
- Damage to Vehicle.
SERVICE PROVIDER shall not be responsible for damage to USER’s vehicle, whether such damage is caused by other vehicle(s) or person(s) in the parking lot/space and surrounding area; however, SERVICE PROVIDER will facilitate the resolution of any disputes between any STALL OWNER and USER.
- Calculation of Parking Rate.
The USER agrees that SERVICE PROVIDER determines and sets the parking rate while facilitating the booking of the parking space reservation. By requesting a reservation, USER agrees to the parking rate at the time the reservation is being requested. USER further agrees to pay the full price set by the SERVICE PROVIDER in advance and all taxes and surcharges, by using a valid credit/debit card. USER confirms they are the authorized user of any credit/debit card used at the time of reservation and they are duly registered on SERVICE PROVIDER’s website or have properly downloaded the application. USER also agrees that while the transaction is in “receiving” mode, that they do not hold SERVICE PROVIDER liable for the transaction itself.
USER guarantees they are the authorized user and in lawful possession of any and all vehicles used for any parking space reservation facilitated by SERVICE PROVIDER.
- Length of Lease.
USER shall not park vehicle for a longer period than agreed to. The length of the lease shall be determined as indicated at the time of reservation.
Should USER park their vehicle for a length of time that exceeds the amount agreed to, USER’s vehicle shall be towed by SERVICE PROVIDER at the expense of the USER.
- Current Registration & Insurance.
USER may only use the space for vehicles that are up-to-date with all State and local registration. In addition, all vehicles must maintain current with insurance that is legal under the State of registration.
- Use of Space & Damage.
The use of the space may only be for the parking of the vehicle that is the subject of this agreement. No storage of personal property may be allowed in the space. SERVICE PROVIDER is not liable for any damage done to the vehicle or personal property taken from it. All liability to the vehicle and personal property will be the responsibility of the USER and USER’s insurance company.
- Cancellations & Penalties.
USER agrees they will be responsible for paying the parking rate for the time between the time of reservation and the time of cancellation. USER acknowledges that the USER may charge up to the full amount, per its policy. Fees and fines will vary.
- Payment Charge Backs.
All payments are handled by “STRIPE” as a third-party vendor for processing payments, thus, USER agrees to their terms and conditions of use as out on their website.
- Dispute Resolution.
Both parties agree that should a dispute arise from this contractual relationship that the parties shall resolve such disagreement by binding arbitration.
USER agrees to indemnify and hold SERVICE PROVIDER harmless in the event REZERV is named as a defendant in an action.
- Governing Law.
This agreement shall be governed under the laws of the State of California.
This rental agreement cannot be sublet, assigned or transferred. Only the car listed at the time of reservation shall have the right to park in the spot. Should a garage door opener/access card/FOB be needed to enter the garage, the SERVICE PROVIDER agrees to provide the USER with said access. A Fifty Dollar ($50) deposit will be required at the start of the reservation. The deposit will be returned upon the expiration of the reservation, provided all garage door opener/access card/FOB are returned without damage.
Either the USER or the SERVICE PROVIDER may terminate this Agreement by providing sufficient notice to the other. On termination of this agreement any refund owed of advance payment, deposits shall be completed within 14 days. Any unpaid rental amounts must be paid within 7 days.
The SERVICE PROVIDER represents and warrants that they have the authority and permission to lease out the said parking space listed above. The SERVICE PROVIDER assumes no responsibility for any damage to person or property arising out of this rental agreement. The USER agrees to abide by all by-laws of any garage rules, homeowner’s association, condominium corporation, or any other rules/regulations governing the property associated with the parking space described above and will follow any notices given by said governing agencies regarding the parking space.