Terms and Conditions of Use

Last Updated: May 12, 2026

The following terms and conditions of use (“Terms of Use”) constitute an agreement between you (collectively, “user”, “you” or “your”) and Imperial Parking Canada Corporation and its subsidiaries, affiliates, successors and assigns (collectively, “Impark”, “our”, “us” or “we”). These Terms of Use apply to your access to and use of the Impark Now website (“Site”) and related products, services, content and features (collectively, the “Services”).

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW AND WITH LIMITED EXCEPTIONS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.

BY PLACING AN ORDER FOR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH IMPARK, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY SERVICE OR OTHER GOOD OR PRODUCT OFFERED THROUGH THE SITE.

By accessing the Site or Services, submitting information to us (regardless of whether you register an account with us), using any of the Site or Services, or by clicking a box or button that states you accept or agree to these Terms of Use, you confirm that:

you have read, understood, and agree to be legally bound by these Terms of Use;
you have read, understood and agree to the ImparkNOW privacy notice (the “Privacy Notice”), the terms of which are incorporated by this reference and apply to your access to and use of the Site and Services; and
you will comply with all applicable laws and third-party terms of agreement that may apply to you in connection with your access to and use of the Site and Services.

1. Services

The Services are limited to informing users of the location and potential availability of, and providing users the ability to reserve and pay for, parking spots at select parking facilities in the US (each, a “Facility” and collectively, the “Facilities”). In all cases, parking at any parking location is at your own risk and we accept no responsibility whatsoever regarding the safety of persons or property in the Facilities selected by you. We will not be liable to you if you enter any information incorrectly and you receive a violation ticket, a boot is placed on your vehicle, or your car is towed from the Facilities as a result. If you arrive early or stay past your parking time you may be charged extra, and you may not receive credit for your online payment. The parking booked is valid only for the times listed on the parking pass. You are responsible for ensuring that you arrive at the correct booked Facility. We are not liable for road closures or changing traffic conditions. Impark makes no representation that the Services are appropriate or available for use in jurisdictions outside of the US.

2. Eligibility

Your access to and use of the Site and Services is subject to all applicable international, federal, provincial, state and local laws and regulations.

3. Use of Services and Your Account

In order to access and use certain features of the Site and Services, you may be required to register an account (the “Account”). When you register an Account or use the Services, you will be required to provide us with certain personal information, which may include your first and last name, username, address, e-mail address, phone number, license plate number, vehicle make, model and color, payment information and password (the “Account Information”). By creating an Account or making a purchase, you consent to receiving electronic communications from Impark and its service providers in the form of email for the purpose of administering the Services. With your consent, we will send you electronic communications in the form of email for marketing purposes and such other purposes set out in the Privacy Notice. You may opt out of receiving marketing messages at any time by contacting us or using the unsubscribe mechanism in the commercial electronic message. Consent to receiving marketing messages is not required to use the Services. You acknowledge that any electronic communications shall satisfy any legal requirement that such communication be in writing. For more information about the collection, use, disclosure and retention of your Account Information, please see our Privacy Notice.

You agree that all Account Information provided by you will be accurate and complete and that you will promptly update such Account Information if it changes. You further agree and represent and warrant that all Account Information and other content of any kind you upload or transmit through the Services will not violate or infringe upon the rights of any third parties, including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any third parties. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account Information or your Account, or any other security breach involving your Account or the Services. You are responsible for the accuracy, security and confidentiality of your Account Information and for all activities which occur on your Account or through your access to and use of the Services, including but not limited to all charges, fees, duties, taxes and assessments, whether or not such activities have been authorized by you.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Impark, an Impark employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Impark or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, data mining tools, automated or non-automated scraping, crawlers, or other automatic device, process, or means to access the Site for any purpose, including monitoring, recording, or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

4. Fees and Payment

You agree to pay to Impark all fees for Impark’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Impark reserves the right to change the fees for the Services at any time and to disable or terminate your access to the Services with or without notice to you if you fail to pay the fees for your use of the Services.

Prior to making a purchase through the Services, you will be required to designate and provide information about your preferred payment method (“Payment Account”). You are responsible for the completeness and accuracy of your Payment Account information at all times, and you hereby authorize us, or our approved third-party payment provider or processor, to automatically charge your Payment Account the applicable fees, plus any applicable taxes we are required to collect, where you authorize us to do so. When you provide any Payment Account information to us, you represent to us that you are the authorized user of that Payment Account. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, AND EXCEPT AS SET OUT IN THE REFUNDS AND CANCELLATIONS SECTION BELOW OR OTHERWISE SET OUT IN THESE TERMS OF USE, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THESE TERMS OF USE, OR INTERRUPTION OR DISCONTINUATION OF THE SERVICES.

All fees and applicable taxes, if any, are payable in U.S. dollars. For certain payment methods, the issuer of the payment method may charge you certain additional fees (e.g., foreign transaction fees or processing fees). You will be solely responsible for such fees and any other amounts we are unable to collect for your use of the Services.

Coupon Use

You are required to abide by all terms associated with our coupons, credits, discounts or other promotional codes (“Coupons”).

Coupons are given for no exchange of value or other consideration. You have no ownership interests or rights in the Coupons. For this reason, and in each case without liability to us, we reserve the right to deactivate any Coupon at any time and for any reason, including, but not limited to mistake, unauthorized use or suspicion of fraud or abuse of any promotional program or Coupon. Further, you agree that Coupons: (i) must be used for the intended audience and purpose, (ii) must be used in a lawful manner; (iii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iv) may only be used pursuant to the specific terms that we establish for such Coupons; (v) may expire prior to your use; (vi) are intended for one time use.

We, in our sole discretion, may suspend or terminate your Account for violation of this Coupon Use section, with or without notice.

Refunds and Cancellations

If you use the Services to make a parking reservation, you can cancel or modify your reservation at any time before the scheduled start time, unless otherwise stated. Reservations are fully refundable if cancelled prior to the start time. It is within our sole discretion, provided the circumstances, to offer you a refund or an account credit if you attempt to cancel a reservation after the start time. For any refund-related inquiries, please contact our customer service team at 1-888-808-8148, Monday to Friday between 8:30AM and 4:30PM (PST).

5. Use of Facilities

The Services may provide you with the ability to access or use the Facilities. Your use of any Facility is subject to any additional terms and conditions, policies, rules, and restrictions displayed on the signage at such Facility (“Facility Terms”) and you agree that you will be subject to and will comply with all Facility Terms. 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.

Impark, 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 accessing, 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 Impark, in providing the Services, shall have no liability to you regarding the 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 for the principal purpose of promotional activities or that, in our sole discretion, pose any kind of hazard or have hazardous contents, is also 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.

Electric vehicle charging stations provided 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 or personal injury or death arising from use or malfunction of charging stations. Use of a charging station is at your own risk.

6. Intellectual Property

The trademarks, logos, brands, signs, symbols, images, videos, software and other content displayed on the Site and Services (collectively, the “Content”) are the sole and exclusive property of Impark or our partners and third-party licensors. You are prohibited from using any Content for any purpose without the written permission of Impark or such third party which may own the Content, which permission may be withheld in the sole discretion of the owner of the relevant Content. All Content is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial purposes.

Subject to your strict compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable license to access and use the Site and Services and Content on a single computer, mobile device or media platform (the “License”). You shall not acquire any ownership rights in the Site, Services or Content. Except as expressly permitted under these Terms of Use, you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that we have not publicly disclosed, or to display, distribute, publicly perform or in any other way exploit, the Site or Services in whole or in part. The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or our suspension or termination of your Account or Services. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or Services or you otherwise breach these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved to Impark.

7. Third Party Materials

The Site and Services may provide you with access or links to services, features and content that are provided by third parties (the “Third Party Materials”). Third Party Materials may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided through the Site and Services. We provide Third Party Materials only as a convenience and the inclusion of Third Party Materials does not imply endorsement by us. We are not responsible for the policies, practices, condition and operation of any Third Party Materials, and we expressly disclaim all responsibility and liability to you if you access or use Third Party Materials.

8. Feedback

You agree that any and all creative ideas, concepts, notes, drawings, suggestions, feedback or other information that you may provide to us, whether solicited or unsolicited, as a user or otherwise (“Feedback”) will be owned by us, without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to us and irrevocably waive all moral rights you may have therein. Upon request from us and at our expense, you will fully cooperate and assist with, execute and deliver all further documents to enable us to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason we are unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint us and our duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.

9. Termination

Subject only to applicable laws, your access to or use of the Site and Services may be terminated at any time without notice to you, for any reason whatsoever, including, without limitation, if Impark determines, in its sole discretion, that you have (i) violated these Terms of Use in any way; (ii) provided false or fictitious information to Impark; (iii) misused or abused, or attempted to misuse or abuse, the Site or Services; (iv) violated the rights of a third party or any applicable laws, rules, or regulations; or (v) taken any other action or actions deemed by Impark to be contrary to the purpose of the Site or Services, these Terms of Use, or the interests of any third party. You hereby consent to, and authorize us to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the requirement to post security or a bond. You further authorize us to disclose your Personal Information (as defined in the Privacy Notice) where reasonably necessary in connection with the foregoing.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMPARK DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT: (I) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WILL MEET YOUR REQUIREMENTS; (II) THE SITE OR SERVICES ARE ACCURATE, RELIABLE OR COMPLETE; (III) ANY ERRORS OR DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED BY US; OR (IV) ANY OF THE SITE, SERVICES OR SERVER(S) ON WHICH THE SITE AND SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER MALICIOUS CODE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

(1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IMPARK NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS WILL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY BODILY INJURY, PROPERTY DAMAGE OR ANY LOSSES OR DAMAGES OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OR CORRUPTION OF DATA, REPUTATION, REVENUE, PROFIT OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SERVICES OR THE FACILITIES; OR (II) ANY ACTION TAKEN BY YOU IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, IDEA, OR INSTRUCTION AVAILABLE ON OR THROUGH THE SITE, SERVICES OR FACILITIES, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH BODILY INJURY, PROPERTY DAMAGE OR LOSSES OR DAMAGES.

(2) IF HOWEVER, WE ARE FOUND LEGALLY RESPONSIBLE TO YOU FOR ANY LOSSES YOU MAY HAVE SUFFERED OR INCURRED ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES; OR (II) ANY ACTION TAKEN BY YOU IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, IDEA, OR INSTRUCTION AVAILABLE ON OR THROUGH THE SITE OR SERVICES, THEN OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID FOR THE USE OF THE SERVICES (NOT INCLUDING ANY PARKING CHARGES OR FEES) FOR THE TRANSACTION GIVING RISE TO SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR SUBSIDIARIES AND AFFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (THE “IMPARK PARTIES”) FROM AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS AND REASONABLE ATTORNEY’S FEES) WHICH ANY OF THE IMPARK PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR ACCESS TO, USE OR MISUSE OF THE SERVICE, (III) YOUR USE OR MISUSE OF ANY THIRD PARTY MATERIALS, (IV) YOUR PURCHASES THROUGH THE SERVICES, AND (V) YOUR VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS WRITTEN APPROVAL.

13. Release

YOU AGREE THAT IMPARK IS A MERE REPRESENTATIVE FOR THE FACILITY OWNERS AND OPERATORS, SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SERVICES AND IMPARK DOES NOT ENDORSE OR CONTROL ANY SUCH THIRD PARTY FACILITY OWNERS AND OPERATORS, SUPPLIERS, ADVERTISERS OR SUCH THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR INJURY WITH RESPECT TO THE FACILITIES AND THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR SERVICES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH FACILITY OWNERS AND OPERATORS, SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IMPARK HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY FACILITY OWNERS AND OPERATORS, ADVERTISERS, CARRIERS, CONTENT PROVIDERS OR OTHER SUPPLIERS THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH FACILITY OWNERS, OPERATORS, ADVERTISERS, CARRIERS OR SUPPLIERS AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE IMPARK FROM ANY LIABILITY WITH RESPECT TO THE SAME.

14. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND [IMPARK] CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND [IMPARK] TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

1. Agreement to Arbitrate. You and [IMPARK] mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you and [IMPARK], its related and affiliated companies, and/or any current or former employee, officer, or director of [IMPARK] or any related or affiliated company. You and [IMPARK] agree that this Arbitration and Class Action Waiver Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms and Conditions and any [IMPARK] Services terminate. Any revision to or termination of the Terms and Conditions that modify or terminate this Arbitration and Class Action Waiver Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.

2. Claims Subject to Arbitration. Other than the exceptions listed below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms and Conditions (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Sites or otherwise to the fullest extent allowed by law.

3. Claims Not Covered by Arbitration, Jurisdiction, and Venue. The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of law (including but not limited to claims by California residents under the California Private Attorney General Act of 2004 (“PAGA”), to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.

Any Excluded Claims arising out of, or related to, these Terms and Conditions or the Services shall be instituted exclusively in the state and federal courts located in the City of New York and County of New York, New York, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In the event you or [IMPARK] chooses to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.

4. Class Action Waiver. Except as otherwise required under applicable law, you and [IMPARK] agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms of Use may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.

5. Arbitrability Determinations. If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver Section for purposes of discovery or the merits of the underlying claim but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver Section, including the Class Action Waiver.

6. Arbitration Rules, Procedures, and Costs. To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to the representatives of the other party. You and [IMPARK] agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by JAMS. Except to the extent that they are modified by the rules below if you are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply. Except to the extent that they are modified by the rules below, if you are not an individual person, but are an entity or company, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.

7. The parties agree that the applicable JAMS rules are modified as follows:

Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under New York law.
No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
The Federal Rules of Evidence shall apply to all arbitration proceedings.
For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
The parties may settle any dispute on a mutual basis without the involvement of the arbitrator.

If you initiate arbitration, you will pay the first $250, and [IMPARK] will pay all other filings, administrative, or hearing fees. If you are an individual person and [IMPARK] initiates arbitration, [IMPARK] will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.

If any term or condition in this Arbitration and Class Action Waiver Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver Section shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of New York and County of New York, New York, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

15. Changes

We reserve the right, acting in our sole discretion and with or without prior notice to you, to do any of the following: (i) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms; (ii) make changes to any fees or charges, if any, related to your use of the Services; (iii) make changes to the equipment, hardware or software required to use and access the Site or Services; (iv) interrupt the Site, Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications; and (v) revise these Terms of Use. We will give you notice of revisions or changes to the Terms of Use by posting the revised Terms of Use on the Site. If we make revisions or changes, we will post the amended Terms of Use to our Site and Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the email address associated with your Account or providing notice through our Site or Services. It is your responsibility to ensure that you are aware of the current Terms of Use when you use the Site and Services. The amended Terms will be effective immediately, and if you continue to access or use any of the Site or Services after any revisions to these Terms of Use, you will be deemed to have accepted those revisions or changes. If you do not agree to the amended Terms, you must stop accessing and using our Site and Services.

16. General

These Terms of Use, together with the Privacy Notice and any supplemental terms and conditions which are part of the Site and Services, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Site and Services.

The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination. The failure of Impark to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of Impark hereunder shall be cumulative.

These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns. You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with our prior express written consent, which consent may be withheld in our sole discretion, and any attempted assignment in violation of the foregoing is void. We may assign any or all of our rights and obligations hereunder to our affiliates, subsidiaries or a successor in title to the Site and Services or the business and undertaking.

17. Questions

Support is available by contacting Impark through the chatbot function available through the Site or calling our customer service team at 1-888-808-8148 between 8:30AM and 4:30PM (PST) Monday through Friday to receive feedback and to support you with any issues with the Terms of Use, Privacy Notice, the Site or the Services.