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TERMS & CONDITIONS

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Thank you for visiting these Terms and Conditions (these “Terms”) of Penrose, LLC and its affiliates (“Penrose”,
sometimes referred to as “we”, “our” and “us”). Your access to and use of our website (“Website”), our mobile sites or applications (if and as applicable) (“Mobile Sites”), or our social media pages (“Social Media”), and the content and services provided through our Services, including, without limitation, our parking services (collectively, our “Services”), are subject to these Terms and all applicable laws. Please read the following Terms carefully, including Section 21 regarding arbitration of disputes, your waiver of class actions, collective actions or representative actions claims, and your waiver of the right to a jury trial.

By accessing and browsing through our Services, you accept these Terms without limitation or qualification and
agree to be legally bound by them.

If you enter into any other agreement with us, then these Terms are in addition to the terms of such other
agreement. However, if there is a conflict between these Terms and said other agreement, then the conflicting terms in the other agreement shall control and prevail over these Terms. 

We reserve the right to update or modify these Terms at any time without notice, and you agree that we may do so. If the modifications to these Terms constitute a material change in our good faith reasonable judgment, we will notify you via email or by posting a notice on our Services.

IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION OF THESE TERMS, YOU MUST IMMEDIATELY STOP USING OUR SERVICES. YOUR CONTINUED USE OF OUR SERVICES AFTER
ANY MODIFICATION TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDED TERMS. 

If you ever have any questions, concerns or complaints about these Terms or our Services, you should immediately contact us at admin@penrosetrucks.com.

Our Services belong to us. All text, graphics, sounds, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, computer code and other material (collectively, “Content”) from our Services is proprietary and may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without our prior consent, EXCEPT that you may download one copy of our Content on one computer or mobile device for your personal, non-commercial, home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of our Content in any other manner or for any other purpose violates our intellectual property rights.

The material from our Services is provided for lawful purposes only.

If you register for our Services, you will create an account and will need to provide a password and valid email
address. You may never use another person’s account without permission of the account holder. When creating your account, you must provide true, accurate, current and complete information about yourself as prompted by our registration form or other request, and maintain and promptly update your registration data to keep it true, accurate, current and complete.

You are solely responsible for maintaining the confidentiality of the password and account, and you are solely
responsible for all activities that occur under or in connection with your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

We are not and shall not be liable in any manner for any losses caused by any unauthorized use of your account, or any claims of loss or damage arising from your failure to comply with these account and password requirements. You may however be liable for any losses incurred by us or other parties due to any such unauthorized use or your failure to comply with these account and password requirements.

These Terms are effective upon your use of our Services. You may discontinue your use of our Services at any time, for any reason; however, you may still be subject to any other agreement you have entered into with us. Please contact us to determine if any agreement still applies or if you are at all uncertain about the terms of any agreement between us.

You agree that we, in our sole and absolute discretion, at any time for any reason or no reason, may terminate your use of our Services, and either keep or remove and discard any Content you may have uploaded or contributed to our Services, except as provided in any other agreement you have entered into with us.

We, in our sole and absolute discretion, at any time for any reason or no reason, without prior notice, may modify any aspect of our Services and may terminate and discontinue our Services in whole or in part, except as provided in any other agreement you have entered into with us. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Services or consequences arising therefrom.

All reservations or transactions made through our Services are subject to our sole and absolute acceptance. Without limitation, we have the right to refuse to accept or cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole and absolute discretion, and without liability to you or any third party.

We will ask you to supply certain information applicable to your reservation or transaction. Any such information
will be treated as described in our Privacy Notice. All information that you provide to us or our third party payment processor must be true, accurate, current and complete. You represent and warrant that you have the legal right to use any debit or credit card(s) or other payment means used to initiate any reservation or transaction. 

Upon placing a parking reservation, you will be charged for, and must pay, the then-current parking fees. Your
parking fees will automatically renew thereafter unless and until you cancel the parking services (by providing 30 days’ advance written notice to us at admin@penrosetrucks.com) or we terminate them. You acknowledge that the amount billed each month may vary from month-to-month for reasons that may include differing amounts due to daily, weekly, monthly rates and/or changing or adding services, and you authorize us to charge your billing account for such varying amounts. In the event our parking Services for you began on a day not contained in a given month, we may bill you on a day in the applicable month or such other day as we deem appropriate. For example, if our parking Services started for you on January 31st, your next payment date is likely to be February 28th, and your account would be billed on that date.

You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable
payment mechanism) at the prices in effect when such charges are incurred. Sales made through our Services may incur transaction fees or payment processing fees paid to us, our third party service providers or our approved vendors (as applicable). You will also be responsible for paying any applicable taxes relating to your reservation or transaction. Verification of information applicable to a reservation or transaction may be required prior to our acceptance of any order. Failure to pay for charges or fees may result in your account being suspended or terminated and/or the towing of your vehicle (at your expense).

Prices, products and services may change at our sole and absolute discretion at any time and for any reason. Please check our Services periodically for updated information.

If we determine any price information is inaccurate, we reserve the right to void any reservation or transaction made in reliance on an inaccurate price, and to correct or modify inaccurate charges for any reservation or transaction. If you believe any pricing information is inaccurate, you should notify us immediately.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR
PARTIALLY USED PERIODS. Following any cancellation by you, however, you will continue to have access to our parking Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members (“Credits”). The amount and form of Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

For additional information about our rate(s) or price(s), please contact us at admin@penrosetrucks.com.

We may, in our sole and absolute discretion, make available promotions with different features, benefits and/or services to our users. The promotions may be subject to additional terms and may expire prior to your use. These promotions, unless made to you and accepted, shall have no bearing whatsoever on your agreement(s) or relationship with us. Moreover, you may not duplicate, sell or transfer in any way such promotions to the general public (whether posted to a public forum or otherwise), unless permitted by us.

As noted above, parking fees will automatically renew unless and until you cancel the parking services (by
providing 30 days’ advance written notice to us at admin@penrosetrucks.com) or we terminate them. All of your fees will be charged to the credit or debit card you have on file. As a condition to you using an automatic payment plan, you agree to the following:

Along with the provisions of these Terms, you agree to the following parking rules:

We reserve the right to monitor your use and activities on our Services, and you acknowledge and agree that we may (but are not required to) do so, and that we may disclose any such information if and as we deem appropriate in accordance with our Privacy Notice and/or for purposes of ensuring your compliance with these Terms, applicable law, cooperating with legal authorities, or otherwise protecting our rights, property and interests.

We collect and store personal information when you submit it or browse through our Services. Users of our
Services should refer to our Privacy Notice for more detailed information about how we collect and use personal information. By using our Services and accepting these Terms, you expressly consent to our use of your personal information as described in our Privacy Notice, which is incorporated herein by reference.

When you use our Services, or send emails to us, you are communicating with us electronically. You hereby
consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You further agree that any notices provided electronically by us are deemed to be given and received on the date any such electronic communication is transmitted. Please be aware that emails to you from us may be routed to your “Spam” or “Junk” folder. It is your responsibility to check your “Spam” or “Junk” folder, to change your settings to allow emails from us if needed, and to inform us if you change your email address.

We may provide (and permit other parties to provide) links to other websites, resources or companies. You
acknowledge and agree that: (a) we have no control of such websites, resources or companies, (b) we are not responsible for the availability of such websites, resources or companies, and (c) we do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such websites, resources or companies, including their collection of your personal information. You should consult their privacy policies or notices. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website, resource or company. Your linking to any other website is at your own risk. Please be mindful of this as you link to other websites.

You acknowledge and agree that you are fully responsible and liable for your use of our Services and any
consequences thereof, including for any Content you access or transmit via our Services and material that results from your use of our Services, and that you shall bear all risks regarding use of our Services.

You agree not to use our Services to engage in any prohibited conduct, including but not limited to conduct that violates any applicable law or regulation, our rights, or the rights of any third party.

USE OF OUR SERVICES FOR THE FOLLOWING ACTIVITIES IS STRICTLY PROHIBITED:

You acknowledge and agree that all Content included in or made available through our Services, such as graphics, logos, button icons, images, text, digital downloads and data compilations or other material contained or distributed on or through our Services by us is our property or our Content suppliers’ property and is thereby protected by United States and international copyright laws. You may not use, reproduce or distribute any Content on our Services without our prior written consent, except as permitted by law.

You also acknowledge and agree that all graphics, logos, page headers, button icons, scripts, and service names included in or made available through our Services are our trademarks or trade dress (“Trademarks”), or used by us with permission. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or users, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

You acknowledge and agree that our Services and any software used in connection with our Services (our “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All of our Software shall remain our property and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Software, in whole or in part.

We respect the intellectual property rights of others and expect our users to do the same. We may terminate access to our Services for users whom we believe to be infringers, at our sole discretion.

It is our policy to respond expeditiously to claims of infringement. We will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.

If you believe in good faith that your copyrighted material has been posted on our Services in violation of any applicable rights or licenses, and you want this material removed, you must promptly provide us with a written communication that details the information listed in this section.

Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing, may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

Send the written infringement notice and the materials above to our “Designated Agent” the following address:

Designated Agent:

Penrose, LLC
12802 Valley View St., Suite 9
Garden Grove, CA 92845
Attention: Legal Department
Phone: (818) 796-2224
Email: admin@penrosetrucks.com

Upon our receipt of notices in substantial compliance with the DMCA and the requirements of this Section, we will use our reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. SUCH SERVICES AND THE MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.

YOU ARE HEREBY ADVISED THAT OUR PREMISES ARE THE SITE OF A FORMER LANDFILL AND ARE DESIGNATED IN THE NORTH OPERABLE HOLLYWOOD UNIT AS PART OF A SUPERFUND SITE BY THE ENVIRONMENTAL PROTECTION AGENCY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION, REPRESENTATION, ETC. REGARDING OUR PREMISES) AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF OUR SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY US, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU ACCEPT SUCH RISKS AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES PARTICIPATING IN OUR SERVICES.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) OUR SERVICES MAY NOT BE UNINTERRUPTED OR ERROR-FREE; (B) YOU MAY BE EXPOSED TO VIRUSES OR OTHER HARMFUL APPLICATIONS AND A VARIETY OF MATERIALS AND INFORMATION THAT MAY BE OFFENSIVE TO YOU THROUGH OUR SERVICES; (C) WE DO NOT GUARANTEE THE SECURITY OF OUR SERVICES; (D) BY USING OUR SERVICES, UNAUTHORIZED THIRD PARTIES MAY BE ABLE TO ACCESS YOUR COMPUTER OR FILES OR OTHERWISE MONITOR YOUR CONNECTION AND ACTIVITIES; AND (E) AVAILABILITY OF OUR SERVICES IS BASED ON THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SPECIFIED IN THESE TERMS, AND THE USE OF OUR SERVICES WOULD REQUIRE A SUBSTANTIAL CHARGE TO YOU IF ANY OF THESE TERMS WERE UNENFORCEABLE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR OWNERS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGESOR LOST PROFITS, REGARDLESS OF WHETHERBASED ON CLAIMS ARISING OUT OF OR IN CONNECTION WITH USE OF OUR SERVICES (INCLUDING, BUT NOT LIMITED TO, PRODUCTS OR SERVICES ORDERED THROUGH OUR SERVICES, UNAUTHORIZED ACCESS, DAMAGE OR INJURY RESULTING FROM OUR SERVICES, THEFT, CLAIMS FOR LOSS OF GOODWILL OR LOSS OF DATA, USE OF OR RELIANCE ON OUR SERVICES, STOPPAGE OF OTHER WORK, IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), AND REGARDLESS OF WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER SUCH ACTION OR CLAIM IS BROUGHT IN TORT, CONTRACT OR ANY OTHER BASIS.

IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF OUR SERVICES, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF OUR SERVICES. NOTWITHSTANDING THE FOREGOING, YOU MAY STILL BE SUBJECT TO ANY OTHER AGREEMENT YOU HAVE ENTERED INTO WITH US.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY AND FOREVER BARRED.

In the event that you have a dispute with a third party, you agree to release us (including our affiliates and each of our respective officers, directors, managers, employees, agents, shareholders, owners and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with such third parties or to your use of our Services. We reserve the right to monitor disputes between you and such third parties.

Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

To the extent that we may attempt to resolve a dispute between users, which we are not required to do, we will make any such attempt in good faith based on our policies and these Terms.

You agree to promptly and completely indemnify, defend and hold harmless us, our owners, and our and their suppliers and licensors, officers, directors, managers, employees, agents, attorneys, affiliates and representatives from any claim, liability, loss, damage, cost, or expense (including, without limitation, all costs of defense, including reasonable attorneys’ fees, court costs, the costs of investigation and any appeal) arising out of or in any way related to: (a) your use and any actions taken by you in connection with your use of our Services; (b) Content you submit, post to or transmit through our Services; (c) your connection to our Services; and (d) any violation of any third party’s rights or a violation of law or regulation, or any breach of these Terms. Such indemnification shall not be construed to limit or exclude any other claims or remedies that we may assert under these Terms, by law or in equity, all of which are hereby expressly reserved.

These Terms shall be governed by, and shall be interpreted, construed, and enforced in accordance with, the laws of the State of California without reference to conflicts of laws principles.

If any dispute, claim (including any statutory claim), difference or disagreement of any kind whatsoever arising out of or relating to the Services, these Terms (including the applicability of this Section), the breach or interpretation thereof, or the performance of any obligation hereunder (a “Dispute”) shall arise between you, on the one hand, and us, on the other (in such capacity, each a “Disputing Party”), the Disputing Parties shall attempt, in good faith, to first resolve or settle the Dispute by mutual discussions. All discussions and negotiations under this Section shall be confidential and shall be treated as compromise and settlement negotiations, and no oral or documentary representations made by the Disputing Parties during the discussions and negotiations shall be admissible for any purpose in any subsequent proceedings. If any Dispute is not resolved within twenty (20) days of receipt by a Disputing Party of notice of a Dispute (or within such longer period as to which the Disputing Parties have agreed in writing), then, on the request of any Disputing Party, the Dispute shall be submitted to first mediation and then arbitration (if necessary) in accordance with this Section.

Any Dispute not resolved by mutual discussions (as set forth above) shall, on the receipt of a demand for mediation, be settled by JAMS through nonbinding mediation administered by JAMS and its mediation rules. The Disputing Parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. Unless otherwise agreed by the Disputing Parties in writing, the mediation shall be held, and the award shall be issued, in Los Angeles, California. The mediation shall be conducted before a single mediator, who shall be neutral and independent of the Disputing Parties. The mediator shall be selected by an agreement between the Disputing Parties, except that if the Disputing Parties are unable to agree to a mediator within twenty (20) days after the receipt of a demand for mediation, each Disputing Party may and shall have the right to demand that JAMS appoint a retired judge. If the Disputing Parties are unable to resolve the Dispute within ninety (90) days following the receipt of a demand for mediation (or such other period as agreed to in writing by the Disputing Parties), then the Dispute may be submitted to arbitration in accordance with this Section.

Any Dispute not resolved by mediation (as set forth above) shall, on the receipt of a demand for arbitration, be finally and exclusively settled by JAMS through binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules (the “Rules”) then in effect. Unless otherwise agreed by the Disputing Parties in writing, the arbitration shall be held, and the award shall be issued, in Los Angeles, California. The arbitration shall be conducted before a single arbitrator, who shall be neutral and independent of the Disputing Parties. The arbitrator shall be selected by an agreement between the Disputing Parties, except that if the Disputing Parties are unable to agree within twenty (20) days after the receipt of a demand for mediation, the arbitrator shall be appointed as provided in the Rules.

Notwithstanding the foregoing or anything to the contrary in these Terms, the Disputing Parties intend to preserve their rights under any applicable law to seek and obtain provisional relief from an Approved Venue (as defined below), to the extent necessary to preserve the status quo pending the appointment of the mediator or arbitrator (as applicable) or to protect meaningful relief in the mediation or arbitration (as applicable). Once appointed, the mediator shall have the authority to require that the parties resolve any provisional relief in their settlement agreement. To the extent applicable, the arbitrator shall also have full authority to grant provisional remedies and to direct the Disputing Parties to request that any court modify or vacate any temporary or preliminary relief by such Approved Venue, and to award damages for the failure of any Disputing Party to respect the arbitrator’s orders to that effect. For purposes of these Terms, an “Approved Venue” means the Superior Court of the State of California
or the County of Los Angeles or a United States District Court for the Central District of California. THE DISPUTING PARTIES HEREBY SUBMIT AND CONSENT TO SUCH JURISDICTION AND WAIVE THE RIGHT TO OBJECT TO SUCH LOCATION ON THE BASIS OF VENUE OR FORUM NON CONVENIENS.

Any arbitration proceeding to enforce, confirm, modify or vacate a decision or award rendered hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. In arriving at a decision, the arbitrator shall be bound by the terms and conditions of this Agreement and shall apply the governing law of this Agreement without regard to conflicts of law principles. The arbitrator shall award the prevailing party all reasonable costs, expenses and attorneys’ fees incurred in connection with the Dispute proceedings (except for the mediation costs); provided, however, if a Disputing Party fails to either pursue or participate in good faith mutual discussions (i.e., the first paragraph of this Section) or to demand or participate in non-binding mediation before any arbitration proceeding, such Disputing Party shall forfeit any right to recover any costs or expenses in the Dispute (including attorneys’ or expert fees and costs of JAMS) even if such Disputing Party is the prevailing party. The award, which shall be in writing and shall state the findings of fact and conclusions of law upon which it is based, shall be final and binding on the parties and shall be the sole and exclusive remedy between the parties regarding the issues submitted to arbitration. Judgment may be entered in any court of competent jurisdiction.

The parties expressly intend and agree that: (a) class action, collective action or representative action
procedures shall neither be asserted, nor shall they apply, in any Dispute or proceeding pursuant to these
Terms; (b) no party shall assert a class, collective or representative claim against the other, in arbitration or otherwise; and (c) each of the parties shall submit only its own, individual claims for resolution and will not seek to represent the interests of any other person.

IN ADDITION, THE PARTIES ARE VOLUNTARILY AND INTENTIONALLY WAIVING THEIR RIGHT TO A JURY TRIAL AS TO ANY DISPUTE. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

Although the Website, Social Media and Mobile Sites are accessible worldwide, our products, materials, offers, and information appearing on them are intended for U.S. visitors/customers. We make no representation that Content or materials on our Services are appropriate or available for use in other locations. Those who choose to access the Website, Social Media and Mobile Sites do so at their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable.

We shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances or cybercrime, such as distributed denial of service (“DDOS”) attacks.

BY USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO
ACCEPT AND AGREE TO THESE TERMS.

These Terms shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between us and any other party. If any term or provision of these Terms or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, in whole or in part, the remainder of these Terms or the application of such provision to the persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each other provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. Our Services are subject to existing law and legal process, and nothing contained in these Terms shall waive or impede our right to comply with law enforcement requests or requirements relating to your use of our Services or information provided to or gathered by us with respect to such use.

(Last Updated September [●], 2017)

16125.1:3624746.3

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  1. MODIFICATION TO THESE TERMS

  2. USE OF OUR SERVICES

  3. USER ACCOUNT AND PASSWORD

  4. TERM AND TERMINATION OF USER ACCOUNT

  5. RESERVATIONS AND TRANSACTIONS

  6. PROMOTIONS

  7. AUTO-BILLING

    1. You authorize us and/or our third party service providers to keep your payment card information on file and
      to charge the card on file for all of the fees or charges incurred.

    2. We or our third party service providers may email you with the details of the automatic payment plan.

    3. If your card account on file is closed or the account number is changed, or if, for any reason, a charge is
      rejected by your card issuer, you must update your card information or add a new card number in your
      account within our Services.

  8. PARKING RULES

    1. You will park only in your assigned parking space. Failure to park as assigned without our approval may lead to immediate cancellation of our parking Services and/or the towing of your vehicle (at your expense).

    2. Your assigned parking space is for your use only. Moreover, you may only park the applicable vehicle
      registered through the “Truck Space Reservation” form. Any unauthorized vehicle may be towed at the owner of such vehicle’s expense.

    3. There shall be no oil changes, engine, break or tire work, or any general vehicle maintenance work performed on our premises

    4. You cannot store (temporarily or otherwise) any hazardous materials or gasoline, other than in the normal
      single auto fuel tank, on our premises. In addition, you cannot engage in, nor permit anyone else to engage in,
      activities on our premises, for the purpose of or in any way involving the handling, manufacturing, treatment,
      storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal,
      accidental or intentional) of any hazardous or toxic substances, materials or wastes, or any wastes regulated
      under any local, state or federal law (or any pesticides or herbicides).

    5. We shall not be liable for loss or damage to any vehicle, any contents of any vehicle, accessories to any
      vehicle, or any property left in the parking space and/or area, resulting from fire, theft, vandalism, collision,
      accident, conduct of other users of our Services, or any other casualty or cause. Further, you understand and
      agree that: (i) we shall not be obligated to provide any traffic control, security protection, or operator for the
      parking space and/or area, (ii) you use the parking space and/or area at your own risk, and (iii) we shall not be
      liable for personal injury, death, theft, or loss of, or damage to, property. You agree to hold us harmless from
      any claim for such damages, no matter how caused.

    6. You will be held liable for any and all injuries or damages caused by you or your agents on our premises,
      including, without limitation, any damage to our premises due to oil spills or otherwise.

  9. CONSENT TO MONITORING

  10. PRIVACY AND USE OF PERSONAL INFORMATION

  11. CONSENT TO ELECTRONIC COMMUNICATIONS

  12. LINKS TO OTHER WEBSITES AND COMPANIES

  13. PROHIBITED CONDUCT

    1. Harm to Minors. Using our Services to harm, or attempt to harm, minors in any way.

    2. Illegal Use. Using our Services to transmit any material (by email, uploading, posting or otherwise) that,
      intentionally or unintentionally, violates any applicable local, state, national or international law, or any
      related rules or regulations.

    3. Invasion of Privacy. Using our Services for activities that invade another’s privacy.

    4. Intellectual Property Right Violations. Using our Services to engage in any activity that infringes or misappropriates the intellectual property rights of others, including, but not limited to, patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

    5. Obscene or Indecent Speech or Materials. Using our Services to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. We shall fully cooperate with law enforcement if we become aware of any use of our Services in any connection with child pornography, the solicitation of sex with minors, or any other obscene or indecent use.

    6. Harassment, Defamatory or Abusive Language. Using our Services to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

    7. Hacking or Unauthorized Access. Using our Services to access illegally or without authorization the computers, accounts, equipment or networks belonging to us or another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information
      gathering activity.

    8. Distribution of Computer Viruses, Trojan Horses or Other Destructive Activities. Using our Services to participate in or distribute information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail bombing or denial of service attacks. Using our Services for activities that disrupt the use of or interfere with the ability of others to effectively use our Services or any connected network, system, service or equipment.

    9. Facilitating a Violation of these Terms. Using our Services to advertise, transmit or otherwise make available any software product, product or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

    10. Unsolicited Commercial Email/Unsolicited Bulk Email. Using our Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited, including where email is generated by third party software such as a virus or malware. Using deliberately misleading headers in emails sent to multiple parties is strictly prohibited.

    11. Collection of Personal Data. Using our Services to collect, or attempt to collect, personal information about third parties or us without their knowledge or consent.

    12. Resale. The sale, transfer or rental of our Services to customers, clients or other third parties, either directly or as part of a service or product created for resale.

  14. OUR PROPRIETARY RIGHTS

  15. COPYRIGHT POLICY & PROCESS FOR ALLEGATION OF COPYRIGHT INFRINGEMENT

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright interest that is allegedly infringed.

    2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are
      covered by a single notification, a representative list of alleged infringed copyrighted works.

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including a link or description of where the claimed infringing Content is located on our Services so that we are capable of finding and verifying its existence.

    4. Contact information, including identification of the copyright owner, your name, address, telephone number and email address.

    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

    6. A statement by you, made under penalty of perjury, that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.

  16. DISCLAIMER OF WARRANTIES

  17. LIMITATION OF LIABILITY; TIME FOR COMMENCING ACTION

  18. RELEASE

  19. INDEMNITY

  20. GOVERNING LAW

  21. ARBITRATION OF DISPUTES

  22. GENERAL

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