Terms of USE
1. AGREEMENT BETWEEN USER AND SECURE PARKING
These Terms of Service (the “Terms“) are a binding legal agreement between you and Secure Parking USA (“Secure Parking“, “we“, “us” or “our“).
The terms “user,” “you” and “your” refer to the individual or entity that uses the websites (including www.secureparkingusa.com (the “Website”)), applications (including Secure-a-Spot application (the “App”)), and other online products and services provided by us and online and offline services related thereto, including Scan-2-Pay and Chargify monthly subscription payment solutions and physical locations where our products and services is used (“Secure Parking premises“), and including any services, transactions, or engagement you might have with us (collectively, the “Services“).
By using our Services, whether as a digital user accessing the online aspects of the Services or as a visitor to one of our or our Secure Parking premises, you agree to be bound by these Terms and all terms and disclosures incorporated by reference, including, but not limited to our Privacy Policy. If you don’t agree to be bound by these Terms, do not use or access the Services, including any Secure Parking premises. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.
Secure Parking provides its Services subject to the following Terms, which may be updated by us from time to time. Although we will not give you specific written notice of changes, we may provide notice via the Services or on our Website that there has been a change in these Terms. You should review these Terms from time to time and when we provide a notice of change of our Services. Your continued use of the Services constitutes your agreement, without limitation or qualification, with all of the terms and conditions as stated in this document, which is a legal and binding agreement between you and Secure Parking. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. For clarity, by continuing to use the Services, you agree to be bound by the then-current version of these Terms.
THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US. SEE SECTION 17 BELOW FOR THE DETAILS OF OUR AGREEMENT TO ARBITRATE.
2. GENERAL CONDITIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services. The Services are not intended for use by minors under sixteen (16) years of age. If you are under eighteen (18) years of age, you may use the Services only with the permission of a parent or guardian.
You may only use the Services in compliance with these Terms and all applicable laws. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms may result in an immediate termination of your use of the Services. You cannot use the Services if we have previously disabled your account for violation(s) of these Terms or any of our policies. If your account was previously disabled for policy or legal reasons, you will not create a new one without our express written permission, which is provided at our sole discretion. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
3. YOUR ACCOUNT
If you wish to use our Services, you must provide us with and allow us and our business partners to maintain a record of, certain information, such as your name, e-mail address, phone number, zip code, motor vehicle license plate(s) and credit card information. We require you to register an account with a unique username and password combination in order to participate, enter information and access information. You are responsible for maintaining the confidentiality of such passwords and accounts and are fully responsible for all activities that occur under those passwords or accounts. We are not liable for any harm caused or related to the theft or misappropriation of any username or password, disclosure of any username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify Secure Parking if you become aware of or believe there is or may have been any unauthorized use of any password or account or any other breach of security or any other need to deactivate a username or password due to security or other concerns. You are responsible for exiting from your account at the end of each service browsing session.
4. PAYMENTS
By using our Services, you agree to the pricing, payment, and billing policies posted or otherwise communicated to you by Secure Parking. You have the option of making a single-visit payment such as via the App or Scan-2-Pay payment solution (“Single-Visit Payment“) or purchasing a subscription (“Subscription“) for the use of our Services.
Whether you make a Single-Visit Payment or purchase a Subscription, you expressly authorize us (or our third-party payment processor) to charge you for transactions via the payment features of the Services. We may ask you to provide additional payment information relevant to your transaction. We (or our third-party payment processor) may authorize charges using your payment information in anticipation of Subscription or other Service-related payments in advance.
You warrant that you have the legal right to use all payment method(s) represented by any such payment information. All payments are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. You remain responsible for any amounts we are unable to collect for your use of the Services.
Each transaction or payment order is subject to a service fee that are calculated based on a formula specific to the Services. The application of a service fee and the rate is set by Secure Parking in its sole discretion.
If you purchase a Subscription, you will be charged the subscription fee for the applicable subscription period, plus any applicable taxes, and other charges, at the beginning of your subscription and automatically at the beginning of each subsequent subscription period beginning thereafter, at the then-current subscription fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE SECURE PARKING (or our third-party payment processor) TO AUTOMATICALLY INITIATE RECURRING NON-REFUNDABLE PAYMENTS. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your Subscription. You will be responsible for paying all past-due amounts.
Secure Parking will send you an email seven (7) days before your subscription renewal date to notify you of the renewal and provide guidance on how to cancel your subscription if requested. If you wish to cancel your subscription, the cancellation must be submitted before the release of the invoice on your subscription renewal date; otherwise, your subscription will be renewed for the next subscription term. Cancellations will not be accepted via email or phone—they must be submitted through the online portal or cancellation form here.
Upon cancellation of a parking subscription, all renewals will be halted. Parkers will have full use of their parking subscription until the end of the current parking term. No refunds or credits will be given once a subscription is purchased.
Account holders will be responsible for returning any passes provided by Secure to the address listed in their cancellation notice. Failure to return the pass within the required time frame will result in lost pass fees.
You can dispute a violation notice within 30 days of receiving it via this link. We ask that you include as much information as possible when filing your dispute. Please allow up to 3 business days for us to respond as we review your dispute.
5. PRIVACY
Please refer to our Privacy Policy for information on how we collect, use, and share your information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. We encourage you to read this Privacy Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Privacy Policy.
Secure Parking is not responsible for any damage to you, or any third party caused by loss of access to, or deletion or alteration of any information on the Services. Secure Parking is not responsible for any damage to you, or any third party caused by incorrect information on the Services.
6. ELECTRONIC COMMUNICATIONS
By signing up for an account and using our Services, you consent to receive electronic communications from us, which may include text messages to the telephone number you provide to us. We may send you transactional communications about your use of the Services. We may also send you promotional communications about the Services we offer or other products and services. You agree that all agreements, notices, disclosures and other communications that we provide electronically, via e-mail, text messages and posting notices on the Services, satisfy any legal requirement that such communications be in writing.
By consenting to receive text messages from Secure Parking, you agree that Secure Parking or its service providers may use any automated or non-automated technology to send you transactional or marketing text messages. To opt out of text messages, you must test STOP to the number you receive text messages. We may send you confirmation of your opt out via text message.
If you send any communications or materials to us by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary.
7. INTELLECTUAL PROPERTY AND PROHIBITED USES
Secure Parking exclusively own all right, title, and interest in and to the Services, including all associated intellectual property and proprietary rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the explicit limited license granted in these Terms; or (ii) to use or reference in any manner company names, logos, product or service names, trademarks, or service marks of Secure Parking.
You agree you will not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You agree not to engage in, but are not limited to, the following activities:
- Use the Services, or any portion thereof, for any commercial purposes or for the benefit of third-party;
- Support any gaming or gambling;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained on the Services or for any other unauthorized purpose without our prior express written permission;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services;
- Take any action that imposes an unreasonable or disproportionately large load on our information technology infrastructure;
- Use, display, copy, modify, distribute, license, lease, sell, resell, transfer, perform, transmit, stream, broadcast, mirror, frame, or otherwise exploit the Services or any individual element within the Services, Secure Parking’s name, any Secure Parking trademark, logo or other proprietary information (including images, text, page layout, graphic or form);
- Use any meta tags or any other “hidden text” utilizing Secure Parking’s name or trademarks without our express written consent;
- Upload, submit or transmit any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights or rights of publicity or privacy; and,
- Violate any applicable law or regulation.
Any unauthorized use terminates any permission or license we have granted to you. Secure Parking reserves the right, but are not obligated, to remove or block access to infringing or allegedly infringing material on its servers if Secure Parking becomes aware that such material infringes the copyright rights of a third party or violates the Terms, whether Secure Parking identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party.
8. USER CONTENT
Content such as images, information, text, and other materials that you submit or otherwise make available through the Services (for instance via the App, Website or e-mail), including content you make available for initiation of support requests, is referred to as “User Content“. Secure Parking does not claim any ownership rights in any User Content, and you are solely responsible for all your User Content.
Secure Parking is free to use any images, videos, text, ideas, concepts, know-how, or techniques contained in any communication you send to Secure Parking (including via entry into Secure Parking premises) for any purpose whatsoever, including, but not limited to, developing and marketing products using such information and in connection with third-party operators and partners, without compensation or any other obligations to anyone, including you. Anything transmitted or posted may be used in perpetuity by Secure Parking and its affiliated organizations for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, dissemination, re-posting, ‘tweeting’ and web logging.
9. THIRD PARTIES
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience, without endorsement, and are not responsible for the content, products, or services on or available from those resources or any links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
Your correspondence or business dealings with, or participation in promotions of sponsors, third parties or advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, advertiser or third party (as applicable). You agree that Secure Parking shall not be responsible or liable for any loss or damage of any sort incurred by you or anyone else as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Services.
Please review carefully any third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
10. CHANGES TO THESE TERMS OR THE SERVICES
Secure Parking reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. Secure Parking encourages you to periodically review the Terms to stay informed of our updates. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose.
Secure Parking reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You agree that any modification or discontinuance of the Services may be affected without prior notice, and you acknowledge and agree that in connection with any such modification or discontinuance, Secure Parking may immediately deactivate or delete your account and all related information and files in your account (including any registration data and personal information). You further agree that Secure Parking shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever.
11. SUSPENSION & TERMINATION
You agree that Secure Parking, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if Secure Parking believes that you fail, or we suspect that you have failed, to comply with any term or provision of these Terms.
Secure Parking may also in its sole discretion and at any time discontinue providing the Services, or any parts of the Services, with or without notice. You agree that any suspension and/or termination of your access to the Services may be affected without prior notice, and acknowledge and agree that Secure Parking may immediately deactivate or delete your account and all related information and files in your account (including any registration data and personal information) and/or bar any further access to such files or the Services. You further agree that Secure Parking shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of Secure Parking in operating the Services, your sole and exclusive remedy is to discontinue using the Services.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services.
B) SECURE PARKING MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SECURE PARKING OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
E) THE SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIO VISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR CASUAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
F) SECURE PARKING MAY ADD OR REMOVE FUNCTIONALITIES OR FEATURES AT ANY TIME WITHOUT NOTICE TO YOU, AND WE MAY SUSPEND OR STOP OFFERING THE SERVICES ALTOGETHER WITHOUT NOTICE TO YOU.
G) INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS FROM THE SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
13. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SECURE PARKING NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SECURE PARKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SECURE PARKING AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICES AND THE INFORMATION AVAILABLE THEREON.
14. PERSONAL INJURY OR DEATH
You acknowledge that motor vehicle accidents can be dangerous and that collision with other motor vehicles or with other objects can cause injury or death to you or a third party. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SECURE PARKING NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SECURE PARKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE DESTRUCTION OF PROPERTY, PERSONAL INJURY OR DEATH RELATED IN ANY WAY TO THE USE OF THE SERVICES.
15. INDEMNIFICATION
You agree to defend, indemnify and hold harmless each of Secure Parking, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Services, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, relating to or arising out of (i) your access to or use of the Services, Content or Secure Parking premises, (ii) your violation of these Terms, (iii) your use or reliance on, or publication, communication or distribution of anything on or from the Services or through any other services we or our affiliates provide, (iv) your violation of any rights of a third party, or (v) your violation of any applicable laws, rules or regulations. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
16. GOVERNING LAW
These Terms and any policies or operating rules posted by us in respect to the Services shall be governed by and construed in accordance with the laws of State of Texas, without respect to its conflict of laws principles, and the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms in the event our agreement to arbitrate does not apply to a dispute shall be the Texas business courts.
17. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Agreement to Arbitrate. This Arbitration and Class Action Waiver section of the Terms is referred to in these Terms as the “Arbitration Agreement.” To the greatest extent permitted by law, you and Secure Parking agree that any and all disputes or claims that have arisen or may arise between you and Secure Parking, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than by a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Jury Trial and Class Action Waivers. You and Secure Parking agree that, by entering into these Terms, you and Secure Parking each waive the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or a jury.
How to Opt Out. If you do not want to be bound by this Arbitration Agreement, you must notify Secure Parking in writing by email to privacy@secureparkingusa.com within 30 days of the date you first agree to the Terms, stating that you do not want to resolve disputes with Secure Parking by arbitration.
Arbitration Procedures. Arbitration will be conducted by one neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS and the JAMS Rules, please visit its website, https://www.jamsadr.com. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Unless Secure Parking and you agree otherwise, any arbitration hearing will take place in the JAMS office closest to your residence. If the parties are unable to agree on a location, the determination shall be made by the arbitrator appointed by JAMS. If your claim is for $10,000 or less, Secure Parking agrees that you may choose whether the arbitration will be conducted solely based on written submissions and documents submitted to the arbitrator or whether there also will be a hearing, and you may choose whether any such hearing will be by telephone or video conference or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.
At the end of the arbitration, the arbitrator shall issue a reasoned written decision (called an award) sufficient to explain the essential findings and conclusions on which the award is based.
Requirement of Individualized Arbitration and Relief. You and Secure Parking agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Except for “mass arbitrations” described below, unless both you and Secure Parking agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claims. Any relief awarded cannot be granted to or affect other users.
Mass Arbitrations. If 25 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Secure Parking agree that the JAMS Mass Arbitration Procedures and Guidelines will apply. The JAMS Mass Arbitration Procedures and Guidelines are specially designed to facilitate the fair, expeditious, and efficient resolution of mass arbitrations; they are published at https://www.jamsadr.com/mass-arbitration-procedures.
For any mass arbitration, JAMS will appoint a “process administrator” who will determine all preliminary and administrative matters as may be necessary to ensure the orderly and efficient resolution of the claims. This will include determining, among other issues, whether each party has met the applicable filing requirements and conditions precedent to submit their claims to arbitration, and which demands for arbitration should be included as part of the mass arbitration proceeding.
All arbitration demands included as part of the mass arbitration proceeding must be resolved in stages. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and Secure Parking will each select 25 cases (50 cases total) to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and JAMS must not charge a case management fee or an arbitration appointment fee for those cases.
After this first stage of cases is completed, the parties must engage in a single mediation of all remaining cases, and Secure Parking will pay the mediation fee. If the parties cannot resolve the remaining cases after mediation, you and Secure Parking agree that the process administrator will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and the JAMS Arbitration Schedule of Fees and Costs in effect when the arbitration is started, unless otherwise provided in this Arbitration Agreement. Where the arbitration is part of a mass arbitration subject to the JAMS Mass Arbitration Procedures and Guidelines, the arbitration fees will be as established in the JAMS Mass Arbitration Procedures Fee Schedule.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the Terms will continue to apply.
For avoidance of doubt, nothing in this Arbitration Agreement shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy covered by the Terms isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute will be resolved exclusively in accordance with the subsection of these Terms titled “Governing Law” below.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Secure Parking agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Secure Parking written notice within thirty 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
18. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
19. ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Secure Parking with respect to the use of and access to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Secure Parking with respect to the use of or access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
20. CONTACT INFORMATION
Secure Parking welcomes your questions or comments regarding the Terms:
Secure Parking USA
The Gas Light Building
626 E Wisconsin Ave #1400
Milwaukee, WI 53202
Email Address: privacy@secureparkingusa.com.
Telephone Number: (414) 847-5723
Effective: May 1, 2025