These terms and conditions (“Terms”) set forth a legally binding agreement between you and Professional Parking Management Corp. (“PPM” or the “Company”) and its corporate affiliates, subsidiaries and divisions as may change from time to time. These terms and conditions specifically govern your use of the PPM website to pay Parking Charges (“Service”). By accessing or using the Service you, your heirs, assigns, and successors (collectively, “you” or “your”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Service. Acceptance of these Terms represents the formation of a separate agreement between you and PPM and does not replace or amend any prior obligation or contract you may have entered into with PPM—including the Parking Contract, which is a valid and enforceable agreement between you and PPM.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY PROVIDE PROFESSIONAL PARKING MANAGEMENT CORPORATION WITH YOUR EXPRESS CONSENT TO OBTAIN YOUR NAME AND MAILING ADDRESS FROM THE STATE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO 18 U.S.C. § 2721. YOU FURTHER ACKNOWLEDGE THAT BY AGREEING TO THESE TERMS AND CONDITIONS THAT YOU REAFFIRM AND RATIFY YOUR AGREEMENT TO THE PARKING CONTRACT POSTED AT THE PPM MANAGED PARKING FACILITY, WHICH IS FULLY AND SPECIFICALLY INCORPORATED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE BINDING ARBITRATION CLAUSE AND CLASS ARBITRATION WAIVER.
You may use the Service only if you have the capacity to form a binding contract with PPM, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Without limiting the foregoing, the Service is only available to those who are at least 18 years old. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms except for in this sentence, refer to that organization or entity).
Our Service may require payments from you for the use of PPM managed parking facilities or to pay PPM Parking Charge Notices. You understand that only certain forms of payment may be accepted, and these acceptable forms of payment are subject to change at any time. You may provide us with a method of payment, and by doing so, you represent and warrant that you are authorized to use that method of payment.
We use a third-party payment provider for processing payment transactions. The third-party payment provider may impose insufficient funds, charges or other fees. We are not responsible for your interactions with third-party payment providers or for any charges or fees they may impose.
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PPM AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Service or any content thereon. PPM will not be responsible or liable for any harm to your person, vehicle, personal property, computer systems including loss of data, or other harm that results from your access to or use of the Service. You also agree that PPM has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any records related to you. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from PPM or through the Service, will create any warranty not expressly made herein.
You agree to indemnify, hold harmless and defend PPM with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney's fees and expenses of PPM’s selected attorneys, arising from any third party claim against PPM relating to (i) your violation of law; (ii) your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) your improper or illegal use of the Service; (iv) any act or omission or willful misconduct of yours; (v) any breach of any of your representations, warranties, or covenants made herein; (vi) any failure by you to comply with these Terms and Conditions; (vii) and any claims arising from the Parking Contract.
Please note that operating a cell phone or any other device while driving can be dangerous and we advise you not to use our Service while operating a vehicle. You agree to indemnify and hold PPM harmless from any or all liability whatsoever for any harm, loss or injury related to use of our Service while operating any kind of vehicle.
The Parking Contract is a collateral document to these Terms and is specifically incorporated herein. Accepting these Terms further ratifies your agreement(s) to be bound by the Parking Contract consistent with your use of one or more PPM managed parking facilities. Acceptance of these Terms only ratifies your prior agreement regarding the Parking Contract and does not replace or amend its terms.