Terms of Service

1. Acceptance of Terms

Welcome to ParkingRochester. By accessing or using our website, mobile application, or any services provided by ParkingRochester ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and ParkingRochester regarding your use of the Service. By creating an account, making a booking, or listing a parking space, you acknowledge that you have read, understood, and agree to be bound by these Terms.

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements.

2. Description of Service

ParkingRochester is a peer-to-peer parking marketplace that connects property owners ("Hosts") who have available parking spaces with individuals seeking parking ("Renters"). Our platform facilitates the listing, discovery, booking, and payment for parking spaces in Rochester, NY and surrounding areas.

The Service enables:

• Hosts to list their parking spaces, set availability, and establish pricing
• Renters to search for, book, and pay for parking spaces
• Secure payment processing through third-party payment providers
• Communication between Hosts and Renters
• Reviews and ratings to build community trust

ParkingRochester acts solely as an intermediary platform and does not own, control, offer, manage, or operate any parking spaces. We are not a party to any rental agreement between Hosts and Renters. Hosts are solely responsible for their parking spaces and compliance with applicable laws.

3. User Accounts and Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not create multiple accounts, share your account credentials with others, or transfer your account to another person. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

To become a Host and receive payments, you must complete our identity verification process and connect a valid payment account through our third-party payment processor, Stripe Connect.

4. Host Responsibilities

As a Host, you agree to the following responsibilities:

4.1 Accurate Listing Information

• Provide accurate descriptions, photos, and details of your parking space
• Clearly disclose any restrictions, limitations, or conditions
• Keep your listing information current and up-to-date
• Not misrepresent the location, size, or features of your space

4.2 Availability Commitments

• Honor all confirmed bookings unless cancellation is unavoidable
• Maintain accurate availability calendars
• Respond to booking requests in a timely manner
• Ensure the parking space is accessible at the agreed-upon times

4.3 Space Safety and Legality

• Ensure you have the legal right to rent out the parking space
• Comply with all local zoning laws, HOA rules, and regulations
• Maintain the space in a safe and accessible condition
• Carry appropriate insurance coverage for your property
• Report and accurately disclose any hazards or safety concerns

5. Renter Responsibilities

As a Renter, you agree to the following responsibilities:

5.1 Proper Use of Parking Spaces

• Use the parking space only for parking your vehicle
• Follow all Host instructions and space-specific rules
• Not store items, perform vehicle repairs, or conduct other activities
• Treat the property with respect and avoid causing damage

5.2 Timely Arrival and Departure

• Arrive and depart within your booked time window
• Notify the Host if you will be late or need to extend your booking
• Vacate the space promptly at the end of your booking period
• Additional fees may apply for overstays

5.3 Vehicle Requirements

• Ensure your vehicle fits within the specified size limitations
• Maintain valid vehicle registration and insurance
• Not park vehicles that leak fluids or are in unsafe condition
• Be responsible for any damage caused by your vehicle

6. Booking and Payments

6.1 Service Fees

ParkingRochester charges the following fees to facilitate transactions:

• Renter Service Fee: 10% of the booking subtotal, added to the total amount charged to the Renter
• Host Platform Fee: 3% of the booking subtotal, deducted from the Host's payout

6.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By using our Service, you agree to Stripe's Terms of Service and Privacy Policy.

• Renters are charged when a booking is confirmed
• Host payouts are processed after the booking is completed
• Payout timing depends on the Host's Stripe account settings

6.3 Refund and Cancellation Policies

Refunds are issued according to our Cancellation Policy (Section 7). Service fees may not be refundable depending on the circumstances of the cancellation.

7. Cancellation Policy

7.1 Renter Cancellations

The following refund schedule applies to Renter-initiated cancellations:

Service fees are non-refundable for cancellations made less than 7 days before the booking start date.

7.2 Host Cancellations

Hosts should avoid cancelling confirmed bookings whenever possible. If a Host must cancel:

• The Renter receives a full refund, including all service fees
• A cancellation record is added to the Host's profile
• Repeated cancellations may result in listing penalties or account suspension
• The Host's search ranking may be negatively affected

7.3 Extenuating Circumstances

In cases of documented emergencies, natural disasters, or other extraordinary circumstances beyond a party's control, we may, at our sole discretion, provide exceptions to the standard cancellation policy. Contact our support team with documentation to request consideration.

8. Reviews and Ratings

8.1 Review Guidelines

After a completed booking, both Hosts and Renters may leave reviews. Reviews should:

• Be honest, accurate, and based on your actual experience
• Focus on the parking space, transaction, or user's conduct
• Be constructive and respectful in tone
• Not include personal information about other users

8.2 Prohibited Content

Reviews must not contain:

• False, misleading, or defamatory statements
• Discriminatory, hateful, or harassing language
• Personal contact information or links to external sites
• Content unrelated to the parking transaction
• Spam, advertisements, or promotional content
• Threats, intimidation, or attempts to manipulate ratings

We reserve the right to remove reviews that violate these guidelines. Users who repeatedly violate review policies may have their review privileges suspended.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Creating false or misleading listings or accounts
• Circumventing the platform's payment system
• Collecting or harvesting user data without authorization
• Interfering with the proper functioning of the Service
• Using the Service for any illegal or unauthorized purpose
• Harassing, threatening, or discriminating against other users
• Attempting to access accounts or data belonging to others
• Posting spam, malware, or malicious content
• Impersonating any person or entity
• Using automated systems to access the Service without permission

Violation of these prohibitions may result in immediate account termination and, where applicable, legal action.

10. Intellectual Property

The Service and its original content, features, and functionality are owned by ParkingRochester and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you submit to the Service (such as listing photos and descriptions). By submitting content, you grant ParkingRochester a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with the Service.

You may not copy, modify, distribute, sell, or lease any part of our Service or software, nor may you reverse engineer or attempt to extract the source code, unless you have our written permission or applicable law permits it.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARKINGROCHESTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Damage to vehicles or property at parking locations
• Disputes between Hosts and Renters

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless ParkingRochester and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content or listings
• Your interaction with any other user
• Your violation of any rights of a third party
• Any damage caused to a parking space or vehicle

13. Dispute Resolution

We encourage users to first attempt to resolve any disputes directly with each other. If you are unable to reach a resolution, you may contact ParkingRochester's support team for assistance in facilitating communication.

For disputes between you and ParkingRochester, you agree to first contact us at the address provided in Section 16 and attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days of submission, either party may pursue formal legal proceedings.

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Rochester, Minnesota.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Olmsted County, Minnesota. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will notify you of changes by:

• Sending an email to the address associated with your account
• Displaying a prominent notice on our website
• Updating the "Last Updated" date at the top of these Terms

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.