These Terms of Service (“Terms”) apply to your access to and use of the hangTag website, mobile applications and related products and services (collectively, our “Services”). Except where stated otherwise, the term “hangTag” or “we” will mean Hangtag LLC and its subsidiaries, successors and assigns. By clicking [“I Accept”], you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at mailto:firstname.lastname@example.org.
The Services comprise your use of website, mobile applications and related services that enable users to locate and see the potential availability of parking spots at select parking facilities (each, a “Facility”), pay for parking at Facilities, and manage other parking related services at Facilities.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3 User Accounts and Account Security
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You are responsible for any use of your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4 Fees and Payments
You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. You agree to pay to hangTag all fees for hangTag’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Parking charges, fees and payment terms offered through the Services may differ from those offered through other service providers or by the Facilities themselves. Where applicable, you will be billed using the billing method you select through your user account management page. In some cases, we (or our third party payment processor) may authorize or reserve a charge on your payment method. Such authorization or reserve is not a charge, but it may reduce your available credit by the authorization amount. In the event that the amount of our authorization or reserve exceeds the total funds on deposit in your payment account, you may be subject to overdraft or nonsufficient funds charges by the bank issuing your payment method. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank. Except as provided in these Terms or when required by law, all fees paid by you are non-refundable. hangTag reserves the right to change the fees for the Services at any time.
6 Prohibited Conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
Your use of the Services is at your own risk. hangTag is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm.
7 Third Party Materials
The Services provide you with access to features and content that are provided by other users or third parties (“Third Party Materials”). Third Party Materials are made available by hangTag on or through the Services solely as a convenience to our users and for informational purposes only. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy or reliability of any Third Party Materials. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other hangTag policies no longer govern your use of other websites and services. We have no liability for your reliance on any Third Party Materials obtained through your use of the Services.
8 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “hangTag Content”) are owned by or licensed to hangTag and are protected under United States, Canadian, and international laws. Except as explicitly stated in these Terms, hangTag and our licensors reserve all rights in and to our Services and the hangTag Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and hangTag Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or hangTag Content; (b) copy, reproduce, distribute, publicly perform or publicly display hangTag Content, except as expressly permitted by us or our licensors; (c) modify the hangTag Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or hangTag Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or hangTag Content other than for their intended purposes. Any use of our Services or hangTag Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about hangTag or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of hangTag. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless hangTag, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “hangTag Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your violation of these Terms; or (c) your conduct in connection with our Services. You agree to promptly notify hangTag Parties of any third party Claims, cooperate with hangTag Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the hangTag Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreements between you and hangTag or the other hangTag Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, hangTag does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While hangTag attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
12 Use of Facilities
Your use of any Facility is subject to any additional terms and conditions, policies, rules, and restrictions imposed by the owner and/or operator of such Facility (“Facility Terms”) and you agree to comply with and be subject to all Facility Terms. Facility Terms may be posted onsite at the Facility and may or may not be made available through the Services. In the event of any conflict between onsite Facility Terms and those made available through the Services, the onsite Facility Terms will govern except with respect to charges, fees, and payment terms which will be governed by the terms made available through the Services. Violation of Facility Terms may result in additional fees, payment notices, and/or towing of your vehicle and you accept full responsibility for costs associated therewith.
hangTag, in providing the Services, is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party to you, your vehicle, your passengers or property while parked, attempting to park, or otherwise using or attempting to use a Facility. You acknowledge that all claims of liability for any damage or injury that might or does occur at any Facility may be raised solely against the owner or operator of the Facility, and hangTag, in providing the Services, shall have no liability to you relative to same.
Parking charges are for the licensed use of parking space only and are subject to the rights and restrictions associated with any Facility Terms. Vehicles must be parked in marked stalls only.
The parking of unlicensed or uninsured vehicles, the general storage of vehicles (i.e., parking for more than 24 hours at a time), and the repair or maintenance of vehicles in a Facility is prohibited. Further, the parking of vehicles that (in our opinion) pose any kind of hazard or have hazardous contents is also prohibited. Vehicles parked for the principal purpose of promotional activities or advertising are prohibited.
We do not guarantee the availability of parking at your selected Facility. Your selected Facility may, from time to time, be unavailable for reasons including, but not limited to, late arrival, excessive demand due to special events or conferences, repair or maintenance activities, construction, emergencies or events of force majeure. In appropriate cases, we will endeavor to use reasonable efforts to relocate you to another of our Facilities if your selected location is unavailable, and will provide a refund if we are unable to do so.
Electric vehicle charging stations provide at any Facility are for charging compatible electric vehicles only and are provided as a customer service only. We are not liable for any malfunction or incompatibility of a charging station with any vehicle, failure of a vehicle to charge, or for any damage arising from use or malfunction of charging stations. Use is at your own risk.
13 Limitation of Liability
hangTag and the hangTag Parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if hangTag or the other hangTag Parties have been advised of the possibility of such damages.
The total liability of hangTag and the other hangTag Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the fees you paid for the use of our Services (not including any parking charges) for the transaction giving rise to such liability.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of hangTag or the other hangTag Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release hangTag and the other hangTag Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
15 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
16 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with hangTag and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or hangTag seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or hangTag seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and hangTag waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available at www.jamsadr.com and are hereby incorporated by reference. If you are a resident of Canada or any country other than the United States, the seat of arbitration will be Vancouver, British Columbia, Canada. If you are a resident of the United States, the seat of arbitration will be Manhattan, New York City, New York. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and hangTag agree that any dispute arising out of or related to these Terms or our Services is personal to you and hangTag and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and hangTag agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator shall not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and hangTag agree that for any arbitration you initiate, you will pay the filing fee and hangTag will pay the remaining JAMS fees and costs. For any arbitration initiated by hangTag, hangTag will pay all JAMS fees and costs.
If you are a resident of Canada or any country other than the United States, You and hangTag agree that the British Columbia Supreme Court sitting in Vancouver has exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If you are a resident of the United States, You and hangTag agree that federal and state courts sitting in Manhattan County, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND HANGTAG WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by writing to us at 900 Haddon Avenue, Suite 333, Collingswood, NJ 08108 stating that you would like to reject the arbitration provision. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
17 Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of New York, USA, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in (a) the British Columbia Supreme Court sitting in Vancouver, if you are a resident of Canada or any country other than the United States, and (b) the federal and state courts sitting in Manhattan County, New York, if you are a resident of the United States.
18 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
19 Electronic Communications
By creating a hangTag account, you also consent to receive electronic communications from hangTag (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and hangTag relating to your access to and use of our Services. The failure of hangTag to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.