ParkChicago Terms of Use

  1. Introduction

    1. These ParkChicago® Terms of Use (“Terms”) CREATE A LEGALLY BINDING AGREEMENT between you and Chicago Parking Meters, LLC (“CPM”, “US” OR “WE”). PLEASE NOTE THAT OUR PRIVACY POLICY IS EXPRESSLY INCORPORATED IN THESE TERMS. when using ParkChicago® Fleet, “you” collectively means the Account owner, and any authorized users (defined below), IN WHICHEVER CAPACITY YOU ARE USING THE SERVICES.

    2. These Terms govern your use of: (a) the parkchicago.com website (including services offered under chicagoparking.ppprk.com and parkchicagofleet.ppprk.com) (the “ParkChicago® Website”); (b) the ParkChicago®, ParkChicago® Fleet and ParkChicago® Map mobile applications (including on Android or iOS, if applicable); (c) CPM’s telephone and email support services, if available; and (d) any other aspect of your relationship with CPM that relates to CPM’s provision of parking-related services (collectively, the “Services”).  

    3. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES OR CLICKING THE “AGREE” BUTTON, YOU: 

      1. ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; 

      2. AGREE THAT ALL DISPUTES WILL BE SETTLED THROUGH ARBITRATION AND IN ACCORDANCE WITH ILLINOIS LAW AS SET FORTH IN SECTION 11;

      3. AGREE THAT CPM is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive regardless of whether or not you receive any notification via the Services that the vehicle is validly parked;

      4. REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND RESIDE IN THE UNITED STATES; AND

      5. YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.

    4. Changes. From time to time, we may update the Terms by posting changes to parkchicago.com/terms and for a period of thirty (30) days after we post the amended Terms, we will also post a notice on the ParkChicago® Website stating that these Terms have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Terms to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing uses of the Services. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within thirty (30) days of the date of our notice or such other time specified in the notice; or (2) you use any of the Services after such notice period. If you do not agree with these changes, you will not be able to use the Services. 

    5. Your Privacy Rights. You acknowledge that when you download, install, or use the Services or otherwise provide us with information, CPM may collect and process your information as described in our Privacy Policy, which is expressly incorporated as part of these Terms.

  2. Registering and Using Your ParkChicago® Account

    1. Enabling Your ParkChicago® Account. For ParkChicago®, you may activate the parking functionality in the Services by either: (a) calling us at 1-877-242-7901, (b) using the ParkChicago® mobile app; or (c) accessing the ParkChicago® Website either on your desktop or mobile browser. When you sign up for the Services, you will need to pre-fund your Account with at least $20 using a credit, debit or branded pre-paid card linked to your Account.

    2. Enabling Your ParkChicago® Fleet Account.  For ParkChicago® Fleet, you may activate the parking functionality in the Services by using the parkchicagofleet.ppprk.com website (“Fleet Administration Website”). When you sign up for the Services as an authorized administrator of a vehicle fleet (“Account Owner”), you will need to pre-fund your Account with at least $20 using a credit, debit or branded pre-paid card linked to your Account using the Fleet Administration Website. After an Account is funded, the Account Owner may add authorized users to its Account(“Authorized Users”).  It is the Account Owner’s responsibility to make updates and changes to the Authorized Users and to enforce restrictions on when and how Authorized Users can use the Services; CPM will not be responsible for violations of Authorized Users of such restrictions, such as charging personal use parking to the Account, or continuing to use the Account after leaving your employ.  

    3. Maintaining Your Account. Where the Services requires you to open an account (“Account”) or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your name, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Any loss caused by your failure to do so is your responsibility. After you have fully completed the registration process, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and Account. Additionally, you are entirely responsible for any and all activities that occur under your Account. You agree to notify CPM immediately of any unauthorized use of your Account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information which provides you access to the Services.  CPM is not liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.

    4. Inactivity. If your payment card billing zip code in an Illinois zip code and your Account has been inactive for three (3) years or longer at the end of a given calendar year, the remaining balance is deemed abandoned in accordance with the escheatment / unclaimed property regulations of the State of Illinois and reported and remitted to the Illinois State Treasurer’s office.  If your payment card billing zip code is not an Illinois zip code and your Account has been inactive for five (5) years or longer at the end of a given calendar year, the remaining balance is deemed abandoned in accordance with the escheatment / unclaimed property regulations of the State of Delaware and reported and remitted to the Delaware Office of Unclaimed Property.

  3. Parking Your Vehicle 

    1. Verifying the Zone Number. You are responsible for correctly entering the relevant parking zone number, which is indicated on the sign on the same side of the street and on the same block where your vehicle is parked. The parking zone number informs us of the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. 

    2. Street Restrictions, Signs and Notices Take Precedence. You are responsible for checking and verifying the side of the street and the block on which you are parked for any permanent or temporary parking restrictions posted. All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from CPM if for any reason the information is inconsistent. Please note that use of the Services does not guarantee you a parking space and you can activate the Services after you have found an available space.

    3. Compliance with Parking Regulations. All applicable parking regulations apply to you and your use of the Services does not exempt you from following such rules. In the event that the Services are unavailable, you must pay the appropriate parking fee that is due by paying at the corresponding pay station for the street and block on which you are parked.

    4. Law Enforcement Authorities. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize CPM to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, CPM may provide all or a portion of your information collected by CPM to the relevant authorities. If you use the Services, CPM, upon the reasonable request of the relevant authorities, may provide all or a portion of your information collected by CPM to such authorities.

    5. CPM is Not Responsible for Parking Fines. CPM is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive regardless of whether or not you receive any notification via the Services that the vehicle is validly parked. You are responsible for ensuring that you have properly activated the Services for the relevant parking zone before you leave ANY vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued BY THE APPLICABLE AUTHORITIES.

  4. Paying for the Services

    1. Account Minimum Balance. Each time you use the Services to pay for parking, the cost of your parking session is deducted from your Account (or the Account Owner’s Account). When you initiate a transaction that is greater than your remaining account balance, you will be asked to authorize its replenishment, using your selected method of payment, with at least $20 (or in increments of $10 if more than $20 is required) to cover your parking transaction and to maintain a balance of $0 or more on your Account (or the Account Owner’s Account). For example, if your parking fee is $15 but you only have $11 in the Account, you will be charged $20 in order to keep the Account balance at or above $0. If your Account (or the Account Owner’s Account) is linked to a pre-paid card and the available balance on the pre-paid card is not sufficient to replenish the Account, your transaction will be denied until you link a valid credit or debit card, or a branded pre-paid card with a sufficient balance, to the Account. Account Owners agree and acknowledge that any Authorized User may be asked to authorize the replenishment as described above and by agreeing to use the Services the Account Owner hereby agrees that an Authorized User may do so.

    2. Credit Card Authorization. Each time you process a charge, the Services will initiate an authorization process that will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or CPM may attempt to contact you for additional information prior to authorizing the transaction amount. For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your transaction is fulfilled. If you are the owner of the bank account or credit card, we recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

    3. Errors. We will correct the balance of your Account if we believe that a clerical, billing or accounting error occurred. For example, if money that you provided to CPM in funding your Account is later credited back to you (or the Account Owner) or deducted from CPM’s account, we may adjust your Account balance to reflect the actual amount of money received by CPM. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Account, please call CPM at 1-877-242-7901. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

  5. Parking Fees

    1. Parking Fees. The current rates for use of the Services are listed on the ParkChicago® Website. Parking rates may be subject to change and it is your responsibility to ensure that you are paying the then-current parking rate. You agree to pay all fees for the Services provided to you pursuant to these Terms. CPM shall process the parking fee from the funds available in your pre-funded Account and/or charging your stored method of payment to replenish your Account funds at the time of your parking transaction. You must have a valid method of payment registered and sufficient funds in your pre-funded Account, or suspension of the Services may occur. 

    2. Convenience Fees. When parking time is purchased through the Services, a convenience fee of 35 cents is charged for each and every single transaction of less than 2 hours. For each single transaction of 2 hours or more, the convenience fee is waived. Extensions of time are considered separate transactions. For example, a user making a purchase of 90 minutes of parking plus a 30-minute extension will incur two convenience fees because each transaction was less than 2 hours. You will be informed when a convenience fee applies to your transaction and you will be asked to confirm a transaction before you are charged. Additionally, metered parking spots at various city-owned parking lots may be separately managed by the city, are not covered by these Terms and are subject to different payment requirements as well as parking taxes. 

  6. Restrictions. The following requirements apply to your use of the Services: 

    • If you are the Account Owner, you represent, warrant and covenant that you will pay for any and all fees for the Services incurred by Authorized Users.

    • You will not use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. 

    • You will not use the Services for any commercial purpose not expressly approved by CPM in writing (it being understood that authorized use of the ParkChicago® Fleet mobile application is an expressly approved use of the Services). 

    • You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. 

    • You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time.

    • You will not make the Services available over a network where it could be used on multiple devices at the same time (it being understood that authorized use by multiple drivers in a fleet of the ParkChicago® Fleet mobile application shall not be considered a violation of this restriction).

    • You will not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof.

    • You will not collect or store personal data about other users (other than Authorized Users under your Account as an Account Owner).

    • You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof.  Any attempt to do so is a violation of the rights of CPM and its licensors of the Services. 

    • You represent and warrant that you will use the Services and Content (as defined below) only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with these Terms, and that you will promptly notify CPM if any of your information changes.  

    • If CPM reasonably believes that your use of the Services is unauthorized, fraudulent or otherwise unlawful, you agree that CPM may take any appropriate action to limit our risk, including using any information at our disposal to track, analyze and stop any such unauthorized, fraudulent or unlawful acts. If CPM discovers any Account was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Accounts and retain all related balances without notice to you or block certain vehicles from using the Services. We may use such retained balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load your Account.

    • You agree not to download, display or use any Content for use in any publications, in public performances, on websites, on applications, for any other commercial purpose (it being understood that authorized use of the ParkChicago® Fleet mobile application shall not be considered a violation of this restriction), in connection with products or services that are not those of CPM, in any other manner that is likely to cause confusion among consumers, that disparages or discredits CPM and/or its licensors, that dilutes the strength of CPM or its licensors’ property, or that otherwise infringes CPM or its licensors’ intellectual property rights. 

    • You agree to in no other way misuse any Content or Third Party Materials (as defined below). 

  7. Termination.

    1. Term. The effectiveness of these Terms commences when you agree to these Terms under Section 1 and will continue in effect until terminated by you or CPM as set forth in this Section 7. You may terminate your Account and the Terms for any reason by informing CPM that you wish to stop using the Services and completing any termination procedures specified by CPM. CPM may terminate these Terms at any time for any reason by providing you with written notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. You agree that you do not have any rights in the Services and CPM will have no liability to you if the Services are discontinued or your ability to access the Services is terminated. You further agree that CPM will not be liable for any modification or suspension of the Services.

    2. Effect of Termination. Upon termination: (i)  all rights granted to you under these Terms will also terminate; and (ii) you must cease all use of the Services and delete all copies of the CPM’s mobile application from your mobile device. Termination will not limit any of CPM’s rights or remedies at law or in equity. CPM’s right to use your data will survive termination of these Terms.

  8. Using the Services

    1. Services. The use of the Services may require use of a mobile device and phone service, wireless mobile data service, and text messaging capability, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto.  You may be required to send and receive, at your cost, electronic communications related to the Services, including without limitation, administrative messages, service announcements, and diagnostic data reports, from CPM, your mobile carrier or third party service providers. The use of the Services may also require the use of a computer or web browser. For ParkChicago®, you may use the web version of the Services by logging on to your Account at the ParkChicago® Website. 

    2. Text Messages. If you agree to receive text messages from the Services, the frequency of messages will vary based on your parking activity. Certain texts are required to use the Services, including verification texts. Message and data rates may apply from your mobile carrier. By providing your consent to participate in this program, you approve any such charges from your mobile carrier. If you do not have an unlimited wireless mobile data plan or text messaging capability, you may incur additional charges from your wireless service in connection with your use of the Services.  You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Services. The information in any Services message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. If you have any questions or need help, text HELPME to 312-300-7433 or call 1-877-242-7901. To stop receiving text messages, text STOPTXT to 312-300-7433; following such a request to unsubscribe, you will receive a confirmation message from the CPM confirming that you have been inactivated in our system.

    3. Compatibility. The Services may not work with all devices or all mobile carriers.  CPM makes no representations that the Services will be compatible with or provided by all mobile carriers.  In the event that fees are charged for the Services, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services.  Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

    4. Updates. CPM may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates“, which definition is also incorporated into the definition of “Services”). Updates may also modify or delete in their entirety certain features and functionality. You agree that CPM has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms. From time to time, the Services may automatically send Updates to your device. You agree to accept these Updates, and to pay for any mobile carrier fees costs associated with receiving them. Based on the settings of your mobile device, when your mobile device is connected to the internet either: (a) the ParkChicago® / ParkChicago® Fleet mobile application will automatically download and install all available Updates; or (b)  you may receive notice of or be prompted to download and install available Updates.

    5. Telephone Services.  CPM may, in its sole discretion, provide the Services in the form of telephone support as specified in certain instances in these Terms. Any such telephone support that CPM provides will involve CPM personnel operating the same mobile or website-based services that CPM makes directly available to you through the ParkChicago® Website or mobile applications. CPM may assist you with changes related to your Account, but it is your responsibility to ensure and confirm the accuracy of any such changes by logging into your Account through your mobile applications or on the ParkChicago® Website.

  9. Intellectual Property

    1. Grant of License. The Services, whether in read-only memory, on any other media or in any other form, are licensed to you by CPM subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with CPM or its licensors, who own full and complete title, and CPM and respective licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to CPM’s intellectual property rights in the Services and do not include any other patents or intellectual property rights.  This Agreement does not grant you any rights to use CPM proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Services.  Any use of the Services in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification or distribution of the Services or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Services, is prohibited.  This Agreement does not entitle you to receive and does not obligate CPM to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services.  You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Services.

    2. CPM Content. The Services, and any services performed, provided or enabled by or through the Services and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and complications of the foregoing, that may be provided to you via the Services (collectively “Content”) by CPM or its content providers, are the property of CPM and/or its content providers, and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of the Services. 

    3. Ownership There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Services and in the Content.  By making these Trademarks available through the Services and in the Content, CPM is not granting you a license to use them in any fashion, and you are not granted any license under any of CPM’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement.  No CPM Trademark may be used as a username, icon, identifier, hyperlink or in any other manner without CPM’s prior written permission. The Services, Content, and the selection, coordination, and arrangement thereof, is owned either by CPM, or its respective licensors.  The unauthorized copying, displaying, selling, distributing or other use of any Content or Services is a violation of the law. 

    4. Third-Party Materials. The Services may display, include, or make available content or software owned by third-parties (including software, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (”Third-Party Materials”). Portions of the ParkChicago®, ParkChicago® Fleet and ParkChicago® Map mobile applications were developed and are owned by third-parties and constitute Third-Party Materials. You acknowledge and agree that CPM is not responsible for Third-Party Materials, including their effectiveness, accuracy, completeness, timeliness, validity, non-infringement, legality, decency, quality, or any other aspect thereof. CPM does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

    5. Links to Third-Party Websites, Applications, and Services. The Services may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”).  The Services may allow you to add/configure certain Third-Party Services to your device.  CPM has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services.  Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties. Users who utilize the Third-Party Services should be aware that their Account and other personal information held by those third parties may be transmitted through and stored on CPM servers and/or applications located in the United States and elsewhere.  You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services.  You understand and agree CPM is not responsible for these companies, or their use of any other of your information.  Your use of the Third-Party Services is at your own risk.

  10. DISCLAIMERS

    1. NO RELIANCE ON INFORMATION. CPM AND ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “CPM AFFILIATES”) MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED IN THE SERVICES. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY CPM OR THE CPM AFFILIATES.  

    2. INTERNET SECURITY. THE INTERNET MAY BE SUBJECT TO BREACHES OF SECURITY. CPM AND THE CPM AFFILIATES ARE NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE OR COMPUTER FROM ANY SUCH SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INTERNET INFRASTRUCTURE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING CPM OR THE CPM AFFILIATES ANY INFORMATION OR INFORMATION AVAILABLE USING THE SERVICES. CPM AND THE CPM AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, PERFORMANCE, AVAILABILITY OR OPERATION OF THE SERVICES. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT.

    3. NO WARRANTY. THE SERVICES ARE PROVIDED “AS IS.”  EXCEPT TO THE EXTENT PROHIBITED BY LAW, NEITHER CPM, THE CPM AFFILIATES NOR THEIR LICENSORS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES, AND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES: (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT; (B) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS; (D) THAT THE SERVICES OR ANY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGE; AND (E) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

  11. Limitations of Liability

    1. APPLICABILITY OF LIMITATIONS. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction.

    2. TYPE OF CLAIMS AND DAMAGES. YOU AGREE TO HOLD CPM OR ANY CPM AFFILIATES HARMLESS UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF CPM OR THE CPM AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUES, DEALERS, OPPORTUNITIES, OR GOODWILL; (C) UNAVAILABILITY OF ANY OR ALL OF THE SERVICES; (D) INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU RELATED TO USE OF OR ACCESS TO THE SERVICES; (E) COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (F) UNAUTHORIZED ACCESS TO DEVICES, OR ANY COMPROMISE, ALTERATION OR LOSS OF YOUR DATA; (G) COST OF REPLACEMENT OR RESTORATION OF ANY LOST OR ALTERED DATA; (H) ACTS OR OMISSIONS ATTRIBUTABLE THE PROVISION OF ANY THIRD-PARTY MATERIALS; (I) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CPM, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR THE CONTENT; (J) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (K) THE CONDUCT, ACTIONS OR INACTIONS OF OTHER USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH OTHER USERS.

    3. AGGREGATE LIABILITY. YOU AGREE THAT IN NO EVENT WILL CPM OR ITS AFFILIATES’ TOTAL LIABILITY FOR ALL CLAIMS YOU MAY HAVE THAT RELATE TO THESE TERMS, THE SERVICES OR THE CONTENT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT THAT YOU HAVE ACTUALLY PAID TO CPM FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE FIRST EVENT THAT GAVE RISE TO SUCH LIABILITY; OR (B) $100.

  12. Indemnity. BY ACCESSING THE SERVICES, REGISTERING WITH THE SERVICES AND/OR ACCEPTING ANY INFORMATION FROM THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CPM AND THE CPM AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE SERVICES OR THE CONTENT;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SERVICES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; AND (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CPM’S DEFENSE OF ANY CLAIM. YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF CPM.

  13. Use of Other Mobile Services. Your use of the Services may also involve the use of one or more platforms that make the CPM mobile applications available to you (the “Mobile App Services”) such as the Google Play Store, the Apple App Store and elements of the Services that are provided by Google or Apple. Your use of the Services may also involve services provided by carriers that provide you with mobile connectivity such as T-Mobile, Verizon, AT&T, Sprint or another carrier (the “Mobile Carrier Services”). Notwithstanding anything to the contrary, the Mobile App Services and the Mobile Carrier Services are not a part of the Services and any matters that pertain to the Mobile App Services or Mobile Carrier Services will be governed by the specific agreements between you and those providers. You, the end-user of the Services, acknowledge that these Terms are entered into by and between CPM and you and not with these other providers. For Android users, as between you, Google and CPM, to the extent that your use of the Services involves Google or any of the Mobile App Services offered by Google, Google’s standard terms (https://play.google.com/about/developer-distribution-agreement.html, which are incorporated by reference) will govern your use of the Services, but only to the extent that it conflicts with these Terms. For Apple iOS users, as between you, Apple and CPM, to the extent that your use of the Services involves Apple or any of the Mobile App Services offered by Apple, Apple’s standard application terms (http://www.apple.com/legal/itunes/appstore/dev/stdeula/, which are incorporated by reference) will govern your use of the Services, but only to the extent that it conflicts with these Terms. 

  14. Dispute Resolution and Arbitration

    1. Contacting CPM. In the event of a complaint or concern regarding this Agreement or the Services, or for more information, please contact CPM at 1-877-242-7901 or by mail at the following address:

      • LAZ Parking Chicago PO Box 8210  Chicago, Illinois 60680

    2. Mandatory Arbitration. For all disputes arising out of or relating in any way to the Services, you must first send a written description of your claim to CPM to allow us an opportunity to resolve the dispute. You and CPM each agree to negotiate your claim in good faith. If we still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.

    3. Arbitration Procedures. The individual arbitration of any dispute or claim arising out of or relating in any way to the Services shall be conducted in accordance with the rules of the American Arbitration Association (“AAA“), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration shall take place in Chicago, Illinois, United States. The individual arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

    4. Costs. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. Each party will equally share all filing, administration and arbitrator fees. 

    5. Class Action Waiver for Arbitration. YOU AGREE THAT ANY PROCEEDING IN ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

    6. Class Action Waiver and Jury Waiver in Litigation. You agree that, if the arbitration agreement contained in Sections 14.2 through 14.5 is found to be unenforceable, any claim or proceeding pursued in court will be conducted only on an individual basis and not in a class, consolidated, or representative action.  You further agree that if a claim or proceeding proceeds in court rather than through arbitration, you and CPM each waive the right to a jury trial.

    7. Governing Law. By using the Services, you agree that the statutes and laws of the United States and the State of Illinois without regard to conflicts of laws principles, will apply to all matters relating to use of the Services, except in relation to escheatment and unclaimed property issues which will be handled in accordance with Illinois or Delaware law, as applicable. If we are unable to commence arbitration, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Cook County, Illinois, USA.  The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.

    8. Time Limit for Filing Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to any use of the Services or any activity related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

  15. General 

    1. Export Control.Software and other materials from the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded, exported, or re-exported in violation of any such laws. CPM does not authorize the exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export laws. You represent and warrant that you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. Further, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By using the Services, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

    2. Assignment.CPM may assign these Terms in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use any part of the Services.  To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Services by others using the device.

    3. No Partnership. Both you and CPM acknowledge and agree that no partnership is formed between you and CPM. 

    4. Entire Agreement. These Terms constitute the entire agreement between you and CPM governing your use of the Services, superseding any prior agreements between you and CPM relating to your use of the Services. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Services.  The section titles in these Terms are for convenience only and have no legal or contractual effect.

    5. Severability and Waiver. If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms. The failure of CPM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

    6. Force Majeure. The failure of CPM to comply with these Terms due to an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of CPM, shall not be deemed a breach of these Terms. 

    7. Communication Preferences. You consent to receive communications about these Terms electronically through the email address listed in your Account.