Liability Policy
General
Thank you for working with ParkNShark, LLC. (“ParkNShark LLC,” “we,” “us,” or “our”). Your use of our Marketing Services is subject to the terms and conditions below, which we may revise from time to time without notice. Please read these terms and conditions carefully. BY USING OUR MARKETING SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”). PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS AND CONDITIONS CAREFULLY: (A) MARKETING SERVICES, (B) LESSOR TERMS AND CONDITIONS, (C) TERMINATION, (D) LIMITATION OF LIABILITY, (E) INDEMNITY, (F) RELEASE, AND (G) INSURANCE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING ALL PARKNSHARK MARKETING SERVICES, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH PARKNSHARK LLC’S WEBSITE.
If you fail to comply with these Terms and Conditions, your permission to use ParkNShark LLC’s Marketing Services automatically terminates. The provisions of these Terms and Conditions apply equally to, and are for the benefit of, ParkNShark LLC, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
Marketing Services
Unless expressly stated otherwise herein, the services provided by ParkNShark LLC (the “Marketing Services”) are limited to informing users of the location and potential availability of certain parking spots (“Parking Spots”) and facilitating Reservations (as defined below) by displaying Parking Spots, processing Reservations and collecting fees on behalf of the Lessor (as defined below). Any fees and/or consideration paid to ParkNShark LLC is paid to ParkNShark LLC in connection with these Marketing Services unless otherwise indicated. When ParkNShark LLC receives the Lessee’s payment, the Lessee’s obligation to pay the Lessor for the Reservation is fully satisfied; provided, that the Lessee will be responsible for any other charges to the extent they incur separate or additional costs outside the scope of ParkNShark LLC’s Marketing Services, including for Excluded Services, on-site at the Lessor’s facility. To be clear, ParkNShark LLC does not: (i) operate a parking lot or other parking facility; (ii) otherwise accept custody of motor vehicles; or (iii) provide services other than the Marketing Services (collectively, “Excluded Services”). The Excluded Services are provided by Lessors who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spots or any facility where the Parking Spots are located through use of the Marketing Services. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. The Lessee agrees to comply with all applicable laws when accessing or using our Marketing Services, and the Lessee may only access or use the Marketing Services for lawful purposes.
Lessors; Lessor Terms and Conditions
ParkNShark LLC lists the Parking Spots on the Site and, as such, facilitates the reservation of Parking Spots (“Reservations”) between users of the Marketing Services (“Lessees”), and the independent owners, lessors, managers or operators of the Parking Spots (the “Lessors”). ParkNShark LLC does not establish the prices for Parking Spots, operate Parking Spots, or determine parking availability provided by Lessors. While ParkNShark LLC makes every effort to provide accurate information regarding the Parking Spots listed on our website, at times such information may become inaccurate and ParkNShark LLC shall not be liable for any such inaccuracy. In all cases, the Lessee’s utilization of a Parking Spot will be governed by the Lessor’s terms in place from time to time, including, without limitation, all terms and conditions related to the use of any Parking Spot, any payment terms and conditions and all rules and restrictions imposed by the Lessor on the relevant parking facility and/or Parking Spot, as each may be entered into or effected in accordance with the Lessor’s standard operating procedures (the “Lessor and Lessee Terms and Conditions”).
By making a Reservation, you agree in all cases to abide by the Lessor and Lessee Terms and Conditions. In connection with our provision of the Marketing Services, Lessors may represent and warrant to us that they have full authority to list the Parking Spots for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warranty becomes inaccurate or incomplete prior to your use of a Parking Spot. In addition, ParkNShark LLC will never be responsible for any agreement or other arrangements between any Lessors and Lessees, regardless of whether such agreement or other arrangements are related to your use or leasing out of a Parking Spot.
Termination
We reserve the right to suspend or terminate the Lessee’s use of the Parking Spot and/or our Marketing Services in the event the Lessee violates any provision of these Terms and Conditions or any provision of the Lessor and Lessee Terms and Conditions or if the Lessee uses ParkNShark LLC’s services in a fraudulent manner. Furthermore, we may terminate or suspend the Lessee’s access to all or part of our Marketing Services at any time, without notice or for any reason.
Limitation of Liability
PARKNSHARK LLC , ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF PARKNSHARK LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF ALL PARKNSHARK LLC MARKETING SERVICES. PLEASE NOTE THAT THE LESSOR’S AND LESSEE’S USE OF THE MARKETING SERVICES IS AT THE LESSOR’S AND LESSEE’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PARKNSHARK LLC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE LESSOR AND LESSEE TERMS AND CONDITIONS, OR FROM THE USE OF OR INABILITY TO USE THE MARKETING SERVICES EXCEED THE GREATER OF (1) THE AMOUNTS THE LESSOR OR LESSEE HAVE PAID OR ARE PAYABLE BY THE LESSOR OR LESSEE TO PARKNSHARK LLC FOR USE OF THE MARKETING SERVICES OVER THE PRIOR YEAR; OR (2) ONE HUNDRED DOLLARS ($100).
BOTH THE LESSOR AND PARKNSHARK LLC ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OR THEFT WHICH MIGHT BE SUSTAINED BY ANY VEHICLE WHILE ON THE PREMISES. VEHICLES PARKED ON PREMISES DO SO AT THEIR OWN RISK. PLEASE REMOVE ALL VALUABLES FROM VEHICLE.
Indemnity
Both Lessee and Lessor agree to indemnify and hold ParkNShark LLC, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) their use or misuse of the Marketing Services; (ii) their breach of these Terms and Conditions; (iii) their breach of the Lessor and Lessee Terms and Conditions; or (iv) their violation of any third party right.
Release
Both the Lessor and Lessee release us and our manager(s), officers, member(s), employees, agents, representatives, and Lessors (in the case of Lessees) from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Marketing Services offered by ParkNShark LLC, your use of ParkNShark LLC’s Marketing Services, other users’ use of our Marketing Services and any dispute or defense you have or claim to have against us or one or more users of our Marketing Services.
Insurance
By making a Reservation, LESSEE agrees to maintain at least the mandatory limits of auto insurance required by the State of Illinois for any vehicle parked in a Parking Spot pursuant to a Reservation.
LESSEE
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LESSOR
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PARKNSHARK LLC
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Privacy Policy
March 29, 2023
Protecting your private information is our priority. This Statement of Privacy applies to parknshark.com, and ParknShark LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to ParknShark LLC include parknshark.com and ParknShark. The ParknShark website is a Home driveway auction ecommerce site for students and homeowners. site. By using the ParknShark website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, ParknShark may collect personally identifiable information, such as your:
–First and Last Name
–Mailing Address
–E-mail Address
–Phone Number
–vehicle make, license plate #,
If you purchase ParknShark’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through ParknShark’s public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
ParknShark collects and uses your personal information to operate and deliver the services you have requested.
ParknShark may also use your personally identifiable information to inform you of other products or services available from ParknShark and its affiliates.
Sharing Information with Third Parties
ParknShark does not sell, rent or lease its customer lists to third parties.
ParknShark may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to ParknShark, and they are required to maintain the confidentiality of your information.
ParknShark may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ParknShark or the site; (b) protect and defend the rights or property of ParknShark; and/or (c) act under exigent circumstances to protect the personal safety of users of ParknShark, or the public.
Tracking User Behavior
ParknShark may keep track of the websites and pages our users visit within ParknShark, in order to determine what ParknShark services are the most popular. This data is used to deliver customized content and advertising within ParknShark to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by ParknShark. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ParknShark website.
Use of Cookies
The ParknShark website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize ParknShark pages, or register with ParknShark site or services, a cookie helps ParknShark to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ParknShark website, the information you previously provided can be retrieved, so you can easily use the ParknShark features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ParknShark services or websites you visit.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
ParknShark secures your personal information from unauthorized access, use, or disclosure. ParknShark uses the following methods for this purpose:
–SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
•Delete your personal information from our records; and
•Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
•Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
•Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
•Debug to identify and repair errors that impair existing intended functionality;
•Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
•Comply with the California Electronic Communications Privacy Act;
•Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
•Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
•Comply with an existing legal obligation; or
•Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
ParknShark does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, ParknShark may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from ParknShark, you may opt out of such communications by Just simply respond to the email requesting not to be emailed any longer..
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
ParknShark reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
ParknShark welcomes your questions or comments regarding this Statement of Privacy. If you believe that ParknShark has not adhered to this Statement, please contact ParknShark at:
ParknShark LLC
220 s linden ave
Elmhurst, Illinois 60126
Email Address: