Subscription & Pricing Agreement

This page outlines all subscription and pricing terms (“Subscription Terms”) of Park My Share (“PMCS”). The Terms of Service   (the “Terms”) of the parkmyshare.com website and other digital platforms that are owned and/or operated by PMCS (including but not limited toparkmycarshare.com, each a “Site” and, collectively “Sites”) are incorporated into and made a part of these Subscription Terms. Any capitalized terms not otherwise defined in these Subscription Terms shall have the meaning ascribed to them in the Terms. PMCS’s Privacy Policy is a part of the Terms. You expressly agree to be bound by the Terms and these Subscription Terms. PMCS may modify these Subscription Terms from time to time.

For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, other prominent notice on the Sites, or by other reasonable means. By using the Sites after any changes in these Terms, you agree to be legally bound by the Terms as amended. Therefore, you should frequently revisit this page to determine the present terms and conditions to which you are legally bound.

PARK MY SHARE SERVICES

PMCS arranges access to parking at independently owned and operated parking facilities (“Parking Partners”). You may see the locations of our Parking Partners app.parkmycarshare.com/host/locations (each a “Location”, collectively “Locations”). PMCS is the exclusive car share & rental car partner of the Parking Partner. That means that our service/platform is the only authorized method for you, as a rental car host, to park at the Locations You also understand that a Parking Partner may terminate your (or PMCS') rights to use a Location at any time with little to no notice to you. After any such termination, if feasible PMCS will use, following receipt of a written request from you, commercially reasonable efforts to locate and/or procure a replacement Location for your vehicles. You agree that entering into a direct contract with a Parking Partner or any other entity to which you are affiliates for the purposes of car share or rental car activity at the Parking Partner Location(s) is prohibited for a period of one (1) year term beginning at the last day of your last vehicles parking session through our platform. You acknowledge and agree that because of the unique nature of the services provided and the difficulty in ascertaining the actual damages which may be suffered by PMCS as a result of you contracting with a Parking Partner or any related entity directly it would be extremely difficult to fix the actual damages. Therefore, you agree to pay PMCS an amount of 125% of the annual amount paid or planned for payment to the Parking Partner plus attorneys fees required to secure such payment as a reasonable estimate of such damages, not as a penalty. 

HOST RESPONSIBILITIES

When you create or claim a PMCS account you become a Park My Share host (“Host”). As a PMCS Host, your customers are “Guests”. The Host is solely responsible for all actions of its Guests and all vehicles related to your account. Each Host is solely responsible to abide by the terms of service for each peer-to-peer car sharing network or other platform that you utilize to rent your vehicle(s) to Guests. Each Host must obtain and pay for all required licenses, taxes and/or fees(airport, city, etc.) associated with the rental of your vehicle. Each Host is solely responsible for notifying its lenders, if any of the use of the vehicles in a rental program. By registering as a PMCS Host, you attest that you are compliant with all applicable rules, regulations, and requirements of the joint peer-to-peer agreements, lender terms, or other platforms and have all necessary approvals, including airport, lender city, or county approvals. Parking vehicles at any Location not in compliance with these Subscription Terms and the Location Rules for any Parking Partner could result in booting, towing or being permanently blocked by PMCS and/or our Parking Partners. Hosts are affirmatively responsible for informing their Guests of the Disclaimer of Warranties and Limitation of Liabilities of PMCS, Parking Partners and all Related Parties as set forth in the Terms.

HOW TO BECOME A PARK MY SHARE HOST

To access parking at any Location, you must:

·      Create or claim a PMCS Host Account at app.parkmycarshare.com/.
·      Register and activate each vehicle you wish to park by providing the vehicle name, license plate number and state, Vehicle Identification Number.

·      Select Location(s) for your registered vehicles.

·      If applicable choose pricing and subscription options for each vehicle.

·      Enter payment method. See Payment Methods and Billing below.

FEES AND PARKING OPTIONS

By registering to become a PMCS Host and registering your vehicle(s), you hereby authorize PMCS to charge your designated payment method and process the fees applicable to your vehicle(s), plus any taxes, airport fees, technology, amenity fees, or Parking Partner fines until you cancel your subscription with PMCS.

All fees associated with your account can be viewed on the Host Invoice page at app.parkmycarshare.com/host/invoice/list

Below are descriptions of the types of fees that PMCS charges for each registered vehicle.

SUBSCRIPTION AND TECHNOLOGY FEES

Monthly Active Vehicle Subscription Fee. At some locations each registered vehicle will be charged a Monthly Active Vehicle Subscription Fee per vehicle per month. This fee is in addition to the parking fee options at the Parking Partner Locations described below. This Monthly Active Vehicle Subscription Fee will not be prorated and a full Monthly Active Vehicle Subscription Fee each month will be charged for the duration of the term of each active vehicle. The Monthly Active Vehicle Subscription Fee is nonrefundable. These fees are subject to change.

Technology Fee.

At some locations PMCS may charge a technology fee for each registered vehicle or in addition to daily parking. The Technology Fee varies by Location and can be found
at app.ParkMyCarShare.com on the corresponding Parking Partner page. These fees are subject to change.

Credit Card Processing Fees

The cost the credit card companies charge for PMCS to collect payment. These fees are subject to change.

PARKING LOCATION FEES.

Below is a description of the PMCS pricing and parking options available at most Locations.

Pay Per Use Fee.

This is the default pricing for each Location unless Host selects Facility Unlimited Monthly or Monthly Reserved Space parking. Each vehicle will be charged on a daily basis for the days of parking used by the Host vehicle. At our flat rate/off airport locations, If a Host vehicle enters the Location during any calendar day, it will be charged for that day after midnight of the day parked. For Pay Per Use activity, your credit card will be charged the day after your vehicle parks at the Location. A Host vehicle may enter and exit the Location for the entire day with no additional charge for that day. At our hourly on airport locations the host will be charged for their parking after their exit. PMCS may credit part of the onairport parking session with a prepaid validation if certain critera is met. The Pay Per Use Fee varies by Location. The current daily parking rates for our Locations can be found at app.ParkMyCarShare.com. These rates are subject to change.

Overstay Fee

At some of our locations PMCS monitors dwell time of each daily use per car share /rental car vehicle. PMCS then matches the parking session to a rental reservation (if certain criteria is met), and will charge for time that is in excess of an agreed to dwell time. The Overstay Fees are billed to the card on file after the car exits.

Facility Unlimited Monthly Parking Fee.
Available at certain Locations, Hosts may select to be charged a Facility Unlimited Monthly Parking Fee that gives Hosts the right to park a specific vehicle at a Location for an unlimited number of days each month. In order to select Facility Unlimited Monthly Parking, the Host vehicle must be part of an active rental program and must be rented at least four times each month. If the vehicle does not meet these criteria PMCS reserves the right to prohibit a specific vehicle or account from purchasing this product and such vehicle will be charged the applicable Pay Per Use Fee. The first month of your Facility Unlimited Monthly Parking Fee will be prorated and then you will be charged a full Facility Unlimited Monthly Parking Fees on the first day of each month thereafter for the duration of the term of your subscription. Facility Unlimited Parking Fees are nonrefundable. The current unlimited monthly parking fees for our Locations can be found
at app.ParkMyCarShare.com. These rates are subject to change.

Monthly Reserved Space Fee.
Available at certain Locations A Monthly Reserved Space subscription gives Hosts a specifically designated space at the Location and the right to occupy that space every day of the month and is the only way to ensure guaranteed availability of parking spaces. To select a Monthly Reserved Space subscription, you must also complete a Reserved Space Subscription Agreement for each Location. With a Monthly Reserved Space subscription, your fleet may occupy up to the number of reserved spaces you have on your account at no additional charge. Minimum space requirements for Monthly Reserved Spaces vary by Location. If your usage of parking spaces at the Location exceeds the number of reserved spaces (at any time), you will be charged for the extra vehicle(s) under the Pay Per Use model described above. The first month of your Monthly Reserved Space parking will be prorated and then you will be charged a full Monthly Reserved Space Fee on the first day of each month thereafter for the duration of the term of your subscription. Monthly Reserved Space Fees are nonrefundable. The current monthly reserved space fees for our Locations can be found at app.ParkMyCarShare.com. These rates are subject to change.

Intercom Use Fee

At some Locations, PMCS provides intercom points at entry, exit and secured lobbies. If a Host's Guest uses the intercom to gain access for convenience or any reason other than a technical issue with PMCS' equipment, the Host will be charged an intercom service fee. The current intercom service fee can be found at app.ParkMyCarShare.com for the specific Location. If the use of the intercom is due to equipment failure then there will be no charge. These rates are subject to change.

Premium Parking Areas.
Some Parking Partner Locations offer premium parking areas, i.e. covered vs uncovered parking spaces. If there is a PMCS authorized area in the premium section and your vehicle is used to gain access, you will be charged the premium rate for the vehicle's entire stay. The current premium parking area rates for the Locations can be found
at app.ParkMyCarShare.com. These rates are subject to change.

Parking Partner Amenities.

Certain Parking Partners may offer various amenities to Hosts. Available amenities, if any, can be found under the Locations tab for each Parking Partner. Hosts may subscribe for amenities by contacting PMCS.n

Chase Cars.

PMCS provides chase cars to our Hosts for the purpose of managing their fleets and not having to pay for extra parking. Chase cars may not be used for rental purposes. Chase cars are simply one or more vehicles that are designated by a Host with a Monthly Active Vehicle Subscription. A vehicle designated in the Host’s account as a chase car is allowed to exit and enter its designated Location without incurring daily parking fees for up to 4 hours at a time. If the chase car stays beyond the four (4) hour limit, it will be charged the daily use fee for the Location. NOTE Chase cars are not permitted at any on airport location.

ADDITIONAL FEES

The following additional fees may be applicable to you depending on the Location and compliance with Location Rules.

Airport Fees.

If the Locations is located near an airport, PMCS will charge the applicable airport parking fees associated with that Location. Airport Fees will be available on the Host Invoice. There may be additional fees beyond airport parking fees associated with doing business at an airport that are the sole responsibility of the Host.

Fines & Surcharges
Fines are the sole responsibility of the Host. Fines may not be paid by Guests. A list of fines can be found at https://parkmyshare.com/fines. These fines can change from time to time so please refer to the page frequently.

Parking Partner Fines.

Partner Facility Fines are Location specific and can be found on app.Parkmycarshare.com. These rates are subject to change.

Unassigned AVI Tag.

PMCS requires that all Host vehicles have an active subscription and have a correct License Plate, At some locations we also require a permanently affixed platform associated AVI tag. If applicable upon receiving your AVI tags, you should assign each AVI tag to a vehicle in your fleet. Upon PMCS AVI readers detect an unassigned AVI tag, PMCS will notify Host. Upon the second detection on an unassigned AVI tag, the unassigned AVI tag will be auto enrolled in the Host’s account and treated as a new vehicle in your fleet on the Pay Per Use Fee model. Vehicles with unassigned AVI tags may not be included as part of a Host’s Monthly Reserved Space pricing. Additionally, each unassigned AVI tag will be charged a fee upon enrollment for a Monthly Active Vehicle Subscription. The Monthly Active Vehicle Subscription will continue to be billed at the beginning of each month until the AVI tag is properly associated to a Host vehicle with a Monthly Active Vehicle Subscription. In addition to the Monthly Active Vehicle Subscription Fee, PMCS will charge a per day surcharge for each vehicle with an unassigned AVI tag. This surcharge will continue for each parking day until the AVI tag is properly associated to a vehicle with an Monthly Active Vehicle Subscription. Fees associated with unassigned AVI tags can be found at app.ParkMyCarShare.com for the specific Location. These rates are subject to change.

Credential Misuse Entry with no Exit or Exit with no Entry.
PMCS requires that each vehicle has a Monthly Active Vehicle Subscription for each entry and exit at a Location. The Monthly Active Vehicle Subscription and the associated AVI tag will be used the first time for an entry into the Location and then the next time it is used it should be for an exit and so on. Guests are prohibited from pulling parking tickets to gain entry to a Location. If there is one side of the parking session without the other there will be an automatic fine. Fine amounts vary by Location. If an account has an excessive amount of missing entry or exit transactions, PMCS and/or the Parking Partner reserves the right to prohibit you from parking at the Location.

Incorrect plate.

PMCS requires that all vehicles are subscribed and have accurate vehicle information. The license plate on the vehicle must match the license plate registered in PMCS. If the plate on the vehicle does not match what is in the PMCS platform the host will be subject to fines and PMCS account suspension.

Tail gate.
Each entry and exit requires that the barrier gate comes down in between vehicles. Excessive speed through the lanes and or tailgating may result in the barrier gate staying in the up position while multiple vehicles pass through. This action may result in innacurate entry and exit data collection and is prohibited and subject to fines and PMCS account suspension.

Falsified Information

Falsified information used to gain entry or exit from the parking location is prohibited and subject to fines and PMCS account suspension

PAYMENT METHODS AND BILLING

PMCS accepts several methods of payment to accommodate your needs, including: American Express, Discover, MasterCard, Visa.
PMCS supports primary and secondary cards. You agree that PMCS is authorized to process your payment and facilitate the charging of your credit card or debiting your bank account for the amount of the fees that you have agreed to pay pursuant to these Subscription Terms as a PMCS Host. Further, you grant to PMCS the right to transmit any information provided by you through our online payment service to third parties for purposes of facilitating the completion of your transactions. If you have multiple Host accounts with PMCS you agree to allow PMCS to satisfy your outstanding balance utilizing any of the credit cards associated with your accounts.

You agree not to make a payment that exceeds your limits on your payment card account, transfer limits, or the balance of your bank account. Your agreement with your payment card issuer or financial institution where you have your bank account governs the use of your payment card or bank account, as applicable, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder or account holder.

If your payment is declined, PMCS will notify you of a problem with the card via email and will try the card for three consecutive days. If the charge fails three times, PMCS will deactivate your account until payment is made. All amounts not paid within twenty (20) days of the due date will be deemed overdue and will bear late charges at the lower of 1.5% per month or the maximum percentage allowed by law. Additionally, in the event of nonpayment and if you are a Turo customer, PMCS may, in its sole discretion, submit the unpaid PMCS invoice to TURO for payment and Turo may deduct the unpaid amount from your Turo account.

Your PMCS fees may not be combined with any additional coupons, special offers or other promotion from any Parking Partner.
No special discounts will apply. The only acceptable form of payment is the credit card on file.

GUEST REGISTRATION

At some Locations, Host's Guests are required to register via the Guest registration link. Hosts are required to send each Guest a registration link, and inform them that they will need to have proof of a completed form in order to access the vehicle at our Parking Partner Locations. There may be a Guest registration fee and it is subject to change from time to time.

FUEL TANK ACCOUNT

If enabled, PMCS establishes an account for each Host (the “Fuel Tank Account”). The Fuel Tank Account reflects credits received from the Refer A Friend Program. Credits from the Fuel Tank Account are debited on a nightly basis and will be used first to satisfy any new PMCS Host charges (including Monthly Active Vehicle Subscriptions, Reserved Space fees, AVI tag orders, shipping, Amenity charges, airport taxes, etc..). If there are no credits available in the Host Fuel Tank Account, PMCS will charge the Host credit card on file to satisfy any outstanding PMCS charges.

Fuel Tank credits can only be used to offset PMCS Host invoice charges and have no other monetary value. Upon cancellation, suspension or termination of your PMCS account, all unused Fuel Tank Account credits will be forfeited.

REFER A FRIEND PROGRAM

PMCS has a referral program through which Hosts may earn credits in their Fuel Tank Account by having other hosts sign up and reach certain program minimums. The Refer A Friend Program is governed by the program specific Terms and Conditions which can be found at https://parkmyshare.com/refer-a-friend-terms

REFUND POLICY

To dispute a fine or a charge or for general inquiry about your parking charges email PMCS support at [email protected]. To dispute a charge, you must contact PMCS within 30 days of the charge.

CORRECTIVE ACTION POLICY FOR VIOLATIONS

In the event that you violate any of the terms of the Subscription Terms, PMCS will follow the steps outlined below.

Step 1 – Written Warning

PMCS will issue a written notice of violation to the Host at the email address on file.

PMCS will also attempt to contact the Host by telephone to confirm receipt of the notice of violation.

Step 2 – Corrective Action Agreement

A second violation will result in issuance of a Corrective Action Agreement, delivered to the Host at the email address on file.

The Host must execute and return the Corrective Action Agreement as a condition of continued participation on the PMCS platform. Failure to execute the agreement may result in the Host’s immediate removal from the PMCS platform. Additionally, if the Host is a Turo customer, failure to execute the Corrective Action Agreement may result in a ban from use of any of PMCS facilities in the Turo app. The Host acknowledges and agrees that Turo, in its sole discretion, may also restrict or prohibit the Host from conducting airport deliveries under the Turo app.

Step 3 – Removal and Vehicle Impound

Upon a third violation, the Host may be permanently removed from the PMCS platform and, if the Host is a Turo customer, the Host may be "Blocked" and Banned from use of PMCS Locations in the Turo app. The Host acknowledges and agrees that Turo, in its sole discretion, may also restrict or prohibit the Host from conducting airport deliveries under the Turo app.

RESERVATION OF RIGHTS

PMCS reserves the right, in its sole discretion, to bypass or accelerate the corrective action process in the event of a serious violation, including but not limited to conduct that endangers safety, security, or operations. Nothing in this policy shall limit PMC's right to immediately suspend or terminate a Host’s access to the Locations or the PMCS platform at any time, with or without prior notice.

BLOCKED ACCOUNTS

If you fail to comply to these Subscription Terms or the rules of any Parking Partner, your vehicles may be blocked from parking at any Location. Further, if your PMCS account is blocked for any reason, your vehicles are banned from entry at any Location. Upon blocking your account, PMCS will notify you and you will have 24 hours to remove your vehicles from all PMCS Locations. If you continue to use any Location afterwards, your vehicles will be immobilized or towed upon discovery and you will be subject to impound and ticket fees. All associated fees with the immobilization or towing will be your sole responsibility. PMCS reserves the right to refuse access to a Location or the PMCS platform at any time for any reason.

TERMINATION

PMCS may terminate your PMCS account if you violate these Subscription Terms, including, but not be limited to, your breach or violation or suspected breach or violation of these Subscription Terms or other incorporated agreements or guidelines and/or a request by law enforcement or another government agency.

You may terminate your PMCS account by closing your PMCS account and notifying PMCS at any time by contact [email protected].

If you or PMCS terminate your PMCS account, you agree that: (i) your right to access and use the Sites and Locations ceases immediately and (ii) PMCS shall have no liability or responsibility to you, and (except as expressly provided in writing by PMCS) PMCS will not refund any amounts that you have already paid to us.

NO LIABILITY FOR DAMAGE OR LOSS OF VEHICLES.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR OWN SAFETY AND THE SAFETY OF YOUR VEHICLE AND ITS CONTENTS AT ANY LOCATION, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL STORED KEYS FOR VEHICLES ANY SHUTTLE SERVICES TO AND FROM THE LOCATIONS. NEITHER PMCS NOR THE PARKING PARTNER PROVIDE SECURITY AT THE LOCATIONS OR ON ANY SHUTTLE SERVICE, NEITHER PMCS NOR ANY PARKING PARTNER, NOR ANY AFFILIATE, LENDER, EMPLOYEE, AGENT, REPRESENTATIVE, OR MANAGER OF PMCS OR OF THE PARKING PARTNER IS RESPONSIBLE FOR DAMAGE TO OR LOSS OF YOUR VEHICLE OR ANY OF ITS CONTENTS OR PERSONAL ARTICLES OR FOR ANY PERSONAL INJURY IN ANY CIRCUMSTANCE, INCLUDING AS A RESULT OF STORAGE OF ANY KEYS FOR VEHICLES , USE OF ANY SHUTTLE SERVICE OF A PARKING PARTNER AND INCLUDING WEATHER, FIRE, EXPLOSION TERRORISM, COLLISION, EARTHQUAKES, OR ANY OTHER ACT OF GOD OR ANY CAUSES WHATSOEVER; MECHANICAL DEFECTS OR ACCIDENTS; OR CRIMINAL ACTIVITY OF ANY KIND, INCLUDING THEFT. YOU PARK AT YOUR OWN RISK AND WILL HAVE NO RECOURSE AGAINST PMCS OR ANY PARKING PARTNER OR HAVE ANY CAUSE OF ACTION AGAINST US OR ANY PARKING PARTNER IN CONNECTION WITH ANY STORAGE OF KEYS TO ANY VEHICLES, PARKING AT ANY LOCATION OR USE OF ANY SHUTTLE SERVICE PROVIDED TO YOU. NO EMPLOYEE OR AGENT OF PMCS OR THE PARKING PARTNER HAS THE AUTHORITY TO ALTER ANY OF THE PROVISIONS OF THIS LANGUAGE.

PLEASE MAKE SURE YOU CAREFULLY REVIEW AND UNDERSTAND THE TERMS , INCLUDING THE DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY SECTIONS.