Terms and Agreements

GottaPark serves as a link between parking providers and parking renters. However, we cannot be responsible for any problems with the actual parking experience. The user accepts full responsibility for the transaction and experience.

TERMS OF USE AGREEMENT

Welcome to GottaPark and thank you for using this service! To use this service you must agree to the following terms of use. This Terms of Use Agreement ('Agreement') constitutes the entire and only agreement between GottaPark, Inc., ('GottaPark') and the user ('you'), and supersedes all other agreements, representations, warranties and understandings with respect to this service or the contents of this site. You acknowledge and agree that all terms in this Agreement apply to you including your use as user, parking provider and parking renter. This Agreement may be changed at any time by GottaPark without specific notice to you. The latest Agreement will be posted on the GottaPark website, and you should review this Agreement before using the GottaPark service.

I. Description of Services. GottaPark provides a site whereby people looking for parking can identify available parking in specific locations. This site also provides the method for those offering parking locations to communicate this availability to potential parking renters. All persons using the GottaPark services acknowledge and accept all responsibility and risk for using this site and the resulting parking experience. You acknowledge and agree:

a. GottaPark does not accept any responsibility for the safety of people or property on or around the parking spaces appearing on this site.

b. GottaPark does not own or operate any parking service, facility or organization.

c. GottaPark does not promise or assure the availability of any parking selection in any selected parking space.

d. GottaPark does not assume any responsibility for the consequences of any unavailability of a parking space.

II. Copyright. The content, organization, graphics, design and other matters related to the GottaPark service or the GottaPark website are protected under applicable copyrights, trademarks and other proprietary rights, including but not limited to intellectual property rights. The copying, redistribution, use or publication by you of any such matters is strictly prohibited without the prior written consent of GottaPark.

II. Service marks. 'GottaPark' and 'GottaPark.com' are its service marks, registered service marks or trademarks and cannot be used without the prior written consent of GottaPark. The GottaPark name and logo are also the exclusive property of GottaPark and cannot be used without its prior written consent. Other product and company names mentioned on the GottaPark website may be trademarks of their respective owners. GottaPark does not endorse any products which may have links on the GottaPark site.

III. Restrictions on use. Your license for access and use of the GottaPark service and GottaPark website and any information, materials or documents (collectively defined as 'Content and Materials') therein are subject to the following restrictions and prohibitions on use: You may not (a) republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

IV. User contract. The following document lists the responsibilities of individuals and groups conducting transactions using the GottaPark service. For the purposes of this document, 'the parking provider' shall refer to any individual or organization that willfully uses the GottaPark service to provide information relating to the rental or other arrangement that results in the authorization of an individual or group to use a parking space, driveway, garage, or other physical space for purposes specified between the two parties. For the purposes of this document, 'the parking renter' shall refer to any individual or organization that utilizes the services of GottaPark to engage in the sale, lease, rental, or other arrangement that results in the authorization from an individual or group to use a parking space, driveway, garage, or other physical space for purposes specified between the two parties. For the purposes of this document, 'acts of God' shall refer to any act caused by neither the parking renter nor the parking provider.


Responsibilities of the parking provider:

1. The parking provider agrees to make available on the dates and times indicated by the parking provider a parking spot at the address given by the parking provider. The parking provider attests that it has the legal right to make the parking spot available.

2. The parking provider agrees not to park in the listed space, or otherwise prevent the renter of the space from parking in the designated parking space, during the dates and times indicated by the parking provider.

3. The parking provider agrees to make a good faith effort to ensure that participation in any agreement with regard to the use of a parking space will not infringe on the rights of any other third party.

4. When the agreement presented by the parking provider expires, the parking provider resumes all rights and privileges known to it before entering into the agreement with regards to the designated parking space. Should the parking renter fail to exit the parking space in accordance with the terms set forth in the agreement, the parking provider shall have the right to initiate ticketing or towing as per the laws and regulations of the local municipality. In addition, the parking renter may be restricted from further access to GottaPark.

5. Failure to comply with the terms set forth in this agreement may result in the parking provider being responsible for ticketing and towing expenses incurred by the parking renter initiated improperly under this agreement, in addition to other fees and penalties incurred to the parking renter as a result of said ticketing or towing.

6. Failure to make available a designated parking spot as agreed upon may result in the parking provider being liable for any and all funds paid by the parking renter to the parking provider, forfeiture of future rights to post parking spaces with GottaPark, and other fines, penalties or findings available under the law.

7. The parking provider is responsible for all taxes due on the rental of their parking spaces through GottaPark.

8. GottaPark uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you, the parking provider, to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that GottaPark is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that GottaPark has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.


Responsibilities of the parking renter:

1. The parking renter agrees to strictly adhere to the dates and times set forth by the parking provider. The parking renter will enter and exit the designated parking space only within the dates and times agreed upon with the parking provider.

2. The parking renter acknowledges that failure to enter and exit in a timely manner in accordance with the agreement may cause the parking renter to be liable for ticketing or towing as per the laws and regulations of the local municipality. In addition, the parking renter may be restricted from further access to GottaPark.

3. The parking renter agrees not to alter, deface, damage, or perform any other action resulting in a loss of value of the designated parking space.

4. The parking renter acknowledges that there are inherent risks when owning and parking a motor vehicle, which include but are not limited to theft, robbery, vandalism, collision, hit and run, or other acts of God. GottaPark cannot be held liable for any damage or loss of value to a motor vehicle which occur before, during, or after an agreement entered into with a parking provider using the GottaPark service.

5. In the event that the parking provider fails to properly make available the parking space designated in the agreement, GottaPark cannot be held liable for this action. The parking renter acknowledges that is has the right to contact GottaPark within 48 hours and we will attempt to resolve any problems between buyers and sellers, but does not guarantee that any such resolution will occur. Failure to render services is ultimately a dispute between the buyer and seller, and GottaPark, serving as an intermediary, is not responsible for resolving such disputes.

6. Failure to comply with the terms set forth in this agreement may result in the parking renter being liable for ticketing and towing expenses initiated by the parking provider or other legal authority. In addition, the parking renter may be liable for other fees and penalties incurred to the parking provider as a result of noncompliance with the terms of the agreement.

7. The parking renter acknowledges and agrees to comply with all posted parking signs or other communications by parking establishments, both commercial and residential.

8. The parking renter acknowledges and agrees that the parking provider may determine additional rules and procedures including assignment of parking spaces and changes of these assignments.

V. Confidentiality of Information. You acknowledge and agree that GottaPark may use any personal information provided by you on the website for purposes of ensuring a smooth parking experience and safeguarding the site. GottaPark will not sell the information you provide on the site. GottaPark does not guarantee or warranty the level of its security measures on this site. GottaPark does not accept any responsibility for any actual, incidental or consequential damages which may result from any security breach or technical malfunction.

VI. Reservation of Rights. GottaPark may terminate or suspend access and/or use of this site by any user at any time, for any reason, with or without notice. GottaPark reserves the right to update or revise the Terms of Use Agreement at any time, at its discretion. You should review the terms of use each time you use it.

VII. Limitations of Liability. In no event will GottaPark be liable for any consequential, exemplary, indirect, punitive, incidental or special damages, even if informed of the possibility of such damages of money, by any transaction performed or undertaken under or in connection with this Agreement. GottaPark is still in a testing phase and will be not liable for any damages that might arise due to either the Parking Renter or Parking Provider being unable to access or contact GottaPark.

VIII. Severability. Any terms may be superseded by requirements set forth by applicable statue and regulations. The illegality or unenforceability for any provision of this Agreement will not affect the remaining provisions hereof.