Last Revised: June 4, 2018
This Short Term Parking Space Sublicense is entered into by and between you (“Driver” or “you”) and Predictive Logistics, Inc. d/b/a RigPark (“Company”, “we” or “us”). The following terms and conditions, together with any documents it or they expressly incorporate by reference (collectively, this “Sublicense”)), govern your access to and use of a parking space sublicensed to you by us (the “Parking Space”).
Upon a successful reservation, we will grant you a sublicense to drive to, access, use and occupy the Parking Space during the License Period as set out in the Confirmation Email. You agree that you are responsible for ensuring that any person you allow to drive the vehicle to, access or use the Parking Space complies with these terms and you agree that you shall make them aware of this Sublicense (and the terms hereof) and they shall agree to be bound by this Sublicense equally as you as a condition to being given access to and use of the Parking Space. We do not own the Parking Space, but rather license the Parking Space from a third party (the “Licensor”) who either owns or has leased the Parking Space from the owner of the Parking Space. This Sublicense does not create a subtenancy between you and us, you are not a tenant of ours or the Licensor, and the Licensor has not granted you exclusive possession of the Parking Space. Each of the parties and details of the sublicense of the Parking Space and the proposed sublicense period (“License Period“) are set out in the confirmation email (“Confirmation Email“) sent by us to you and the Licensor on completion of the booking. You acknowledge and agree that the Parking Space is someone else’s property and you shall not access any other part of the property to which the Parking Space is attached.
We establish the prices for Parking Spaces and determine parking availability. While we make every effort to provide accurate information regarding the Parking Spaces listed on our website and our app, at times such information may become inaccurate and we shall not be liable for any such inaccuracy.
If we or the Licensor need to cancel your booking due to exceptional circumstances beyond our or Licensor’s reasonable control, we will contact you with proposals for suitable alternative parking space to be provided by another registered Licensor. We make no guarantees or warranties that alternative parking can be found and accepts no liability arising from the failure of the Licensor or you to honor the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any terms of this Sublicense.
The Parking Space shall only be available to you during the License Period. You must adhere to the instruction of how to get access to the Parking Space and any special limitations on access and the use of the Parking Space. The exact beginning of the License Period and departure time from the Parking Space will be as stated in the Confirmation Email.
You must vacate the Parking Space and cease using the Parking Space by the end of the License Period. Unless we or the Licensor has agreed to a later departure time or a further License Period (and you agree that such agreement must be through us) you will be liable to pay the full price for any additional time stayed. In addition to any other remedy we may have under law, equity or this Sublicense, for any additional time stayed, you will be liable to pay:
We have full discretion about whether any fees or fines will be applied for overstays and our decision will be final. We may request an image with a visible timestamp of the vehicle if there is a dispute regarding an overstay. In addition to all other remedies available under this Sublicense, if you overstay by more than two (2) hours then we reserve the right to instruct a third party to remove your vehicle(s) from the Parking Space (and you will be charged for the costs of any such action).
We are entitled to regard as abandoned any vehicle left in the Parking Space for more than 72 hours after the end of the License Period without prior notification. We reserve the right to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned vehicle. Before proceeding with the disposal or sale of abandoned vehicles we will:
Abandoned vehicles will be disposed of as waste or sold by auction. Where sold by us, the proceeds of sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and our reasonable storage and removal costs for the period during which the vehicle is in our possession. Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us on behalf of the registered keeper of the vehicle and paid over on proof of entitlement.
You have the primary responsibility for your own safety and the safety of your vehicle while using the Parking Space. We and the Licensor shall not be responsible for ensuring your safety or the safety of your vehicle. As consideration for the use of the Parking Space, you (and any person you allow to access or use the Space) hereby waive any claims, liabilities, damages you may have against us or the Licensor (or any of our employees, officers, agents, members or affiliates) for claims, liabilities or damages you may have relating to the use of the Parking Space.
You shall not allow any person other than the person(s) named in the Confirmation Email, and shall not allow any vehicle other than the vehicle specified in the Confirmation Email, to drive to, access, use or occupy the Parking Space at any time during the License Period. This agreement is personal to you and may not be transferred to any other person. If anyone other than the driver named in the Confirmation Email attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the License Period we (or the Licensor) may refuse access to that individual and their vehicle (even if they have your authority or permission to use or occupy the Parking Space).
In reserving a Parking Space through us and as material consideration for us granting you a Sublicense to a Parking Space, you represent, warrant and agree that you shall:
Each party agrees that if any dispute arises concerning the Parking Space or otherwise during the License Period each party will attempt to resolve such dispute in the first instance by directly communicating with the other. If your vehicle sustains damage while in the Parking Space, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Parking Space you should:
Any possessions left in a vehicle are left entirely at your risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We shall not be liable for, and you waive any claims, liability or damage resulting from, any theft by third parties from your vehicle.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, LACK OF ACCESS, USE, OR INABILITY TO USE, THE PARKING SPACE OR ANY SERVICES OR ITEMS OBTAINED FROM THE COMPANY, LICENSORS, OR OTHERS AFFILIATED WITH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE PARKING SPACE IS AT YOUR OWN RISK. THE PARKING SPACE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PARKING SPACE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
You agree to defend, indemnify and hold harmless the Company, its affiliates, Licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of, in connection with, or relating to your drive to, access or use of the Parking Space.
This Sublicense and all matters relating to the access or use of the Parking Space and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Sublicense shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Atlanta and County of Fulton although we retain the right to bring any suit, action or proceeding against you for breach of this Sublicense in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We each agree that, except as provided below, any and all claims or Disputes between you and us, in any way related to or concerning the website, apps, Sublicense or our services will be resolved by binding arbitration. This includes any claims against other parties relating to this Sublicense, the apps or services provided, licensed or billed to you. “Dispute” shall be given the broadest possible meaning and shall include any dispute, claim, or controversy arising from or relating to your use or access to the website, this Sublicense, or the license or use of the apps, including but not limited to: (1) all claims for relief and all theories of liability, whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation; (2) all disputes regarding the validity, enforceability or scope of this arbitration agreement (with the exception of its class action waiver); (3) all disputes that arose before this Sublicense; (4) all disputes that arise after the termination of this Sublicense; and (5) all disputes that are the subject of a putative class action in which no class has been certified. References in this provision to “us” include our parents, subsidiaries, affiliates, predecessors, successors, and assigns and our and their directors, officers, employees and agents. References in this provision to “you” include all beneficiaries of this Sublicense, any person utilizing the Space, and all users of the apps.
If you do not wish to be bound by this arbitration agreement, you must notify us via electronic mail at firstname.lastname@example.org within 30 days of first accessing this Website, entering into the first Sublicense, or downloading an app. Your written notification to us must include your full name and must clearly state that you do not wish to be bound by this arbitration agreement. Your decision to opt out of this arbitration agreement will not adversely affect your license of or your ability to use this Website, apps or our services or your ability to enter into the Sublicense.
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim via electronic mail to email@example.com. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your claim description, you may pursue your claim in arbitration.
Notwithstanding any provision in this Sublicense to the contrary, if we change this arbitration agreement, you may reject the change without terminating or adversely affecting your ability to use or access this website, your entry into the Sublicense or the apps by notifying us via electronic mail to firstname.lastname@example.org within 30 days of the date of the change notice. If you do, you shall arbitrate any Dispute in accordance with the terms of this arbitration agreement. If you do not, you will be bound by the changes.
Because this Sublicense and your use of the Website, the apps and our services concern interstate commerce, this arbitration agreement shall be governed by the Federal Arbitration Act (“FAA”).
The party initiating arbitration must use:
American Arbitration Association (“AAA”)
335 Madison Avenue,
New York, NY 10017
Copies of their respective rules for consumer disputes and forms and instructions for initiating arbitration may be obtained by contacting them or visiting their websites. Any arbitration shall be conducted pursuant to the arbitration administrator’s rules for consumer disputes in effect when the arbitration is initiated except to the extent they are inconsistent with this arbitration agreement. If the arbitration administrator will not enforce this arbitration agreement as written, the parties shall agree on or mutually petition a court of competent jurisdiction to appoint a substitute arbitration administrator who will do so. The arbitrator shall enforce contractual, statutory and other limitation periods and shall honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered in any court having jurisdiction.
If we initiate the arbitration, we will notify you at any electronic e-mail address we may have for you. If you initiate the arbitration, you must notify us via electronic mail at email@example.com.
If your Dispute does not exceed $10,000, we will promptly reimburse your filing fee and will pay the arbitrator’s other fees, costs and expenses. (If you cannot pay the filing fee, you may request that we pay the filing fee directly.) If, however, the arbitrator finds that your Dispute is frivolous or brought for an improper purpose, you shall reimburse the filing fee to us and the payment of the arbitrator’s others fees, costs and expenses shall be governed by the arbitration administrator’s rules.
You may hire an attorney to represent you in the arbitration proceeding and may recover your reasonable attorneys’ fees and costs in arbitration to the same extent as you could in court if the arbitration proceeding is decided in your favor. We may hire an attorney to represent us in the arbitration proceeding but waive any right to recover our attorneys’ fees and costs if the arbitration proceeding is decided in our favor.
Unless you and we agree otherwise in writing, any arbitration hearings will be held in the county of your then-current account address or (if your account is closed) the last address at which we contacted you.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or the Company may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our electronic mail address of firstname.lastname@example.org to begin arbitration. For claims less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS SUBLICENSE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by us of any term or condition set forth in this Sublicense shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Sublicense shall not constitute a waiver of such right or provision.
If any provision of this Sublicense is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Sublicense will continue in full force and effect and to the extent that the Court shall have the authority to reform the invalid, illegal or unenforceable provision the Court shall reform the invalid, illegal or unenforceable provision to be enforceable in a way that provides the same economic benefit as the invalid, illegal or unenforceable provision to the parties.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH , THIS SUBLICENSE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out requirements above.
If a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
The Website is operated by Predictive Logistics, Inc. d/b/a RigPark 8000 Avalon Blvd, Suite 100 & 200 Alpharetta, GA 30009.
All other feedback, comments, requests for technical support and other communications relating to the Short Term Parking Space Sublicense should be directed to: email@example.com.