Terms and Conditions
Effective: 10/31/2021
The following Terms and Conditions govern your use of the surface Parking Lot at 3514-3522 N Halsted Street, Chicago, IL 60657 (the “Parking Lot”), which is operated by NoHa Parking (“NoHa”). Your access to, and use of, the Parking Lot and services, products and networks found at or related to the Parking Lot (referred to collectively as the “Service”) are subject to the following Terms and Conditions.
1. ACCEPTANCE OF TERMS
By using the Service, you signify your acceptance of the Terms and Conditions and agree to comply therewith (the “Agreement”). NoHa has the right to strictly enforce any of the provisions of the Terms and Conditions. If you do not accept and agree to the Terms and Conditions, do not use the Service.
NoHa reserves the right, at its discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of the Service following the posting of any change to the Terms and Conditions constitutes acceptance of those changes.
2. RESPONSIBILITY OF NoHa Parking
2.1. NoHa, its employees, representatives, and contractors shall not be liable for any loss or damage to the vehicles and property located in the Parking Lot, which includes but is not limited to: scratches on the user’s vehicle in the Parking Lot, broken glass on the user’s vehicle in the Parking Lot, i.e., any damage to the user’s vehicle in the Parking Lot, stolen property from the user’s vehicle in the Parking Lot, etc.).
2.2. If a user of the Parking Lot witnesses damage to another vehicle and/or items stolen from a vehicle, the incident is to be reported to NoHa through its employees or the employees of the company designated by NoHa to manage the Parking Lot (Management Company), the Parking Lot security service and/or the police.
2.3. All users of the Parking Lot are obliged to report all criminal offenses, including damages, theft or attempted theft of a vehicle to the police and inform NoHa by email help@nohaparking.com or phone (312) 477-2190.
2.4. Vehicle owners and drivers use the Parking Lot exclusively at their own risk. NoHa and/or the Management Company bears no responsibility for damage and/or stolen property caused by third parties to Parking Lot users.
2.5. The Parking Lot may be under video surveillance for some or all of each day, but due to the fact that the Parking Lot is publicly accessible, unauthorized entry by third parties into the Parking Lot may occur from time to time, and NoHa is not responsible for any damage such third parties may cause.
2.6. Video surveillance can be released only with the written order of the court or the police.
2.7. Any video recordings made may be stored for only limited time.
3. SECURITY OF VEHICLES AND PROPERTY
3.1. Before leaving the vehicle at the Parking Lot, users are required to check if their windows are closed, the condition of the parking brake, and if the vehicle is locked.
3.2. When leaving the vehicle at the Parking Lot, users are obliged to take their belongings with them and ensure that the items remaining in the vehicle are stored in a safe and hidden place. Users of the Parking Lot leave items in their vehicle at their own risk.
4. PRICING AND FEES FOR PARKING LOT USERS
4.1. The Parking Lot operates 24 hours a day, except during the periods listed in paragraph 18. RESEVERED DATES .
4.2. A fee is required to enter and use the Parking Lot. Different amounts are due depending on the time of year, length of use, and any applicable discounts and/or surcharges that may apply (the “Parking Pass”). Parking Passes are available on nohaparking.com or through any third party, such as SpotHero, authorized by NoHa to sell a Parking Pass. Users may freely enter and exit the Parking Lot for the duration of the Parking Pass they have purchased.
4.3. A valid, active Parking Pass is required before a user can enter the Parking Lot.
4.4. RESERVED.
4.5. RESERVED.
4.6. RESERVED.
4.7. NoHa or the Management Company reserves the right to change the fee for the use of the Parking Lot without prior notice and without the consent of the user of the Parking Lot.
5. UNAUTHORIZED PARKING
5.1. Any vehicles that enter and remain in the Parking Lot without a valid Parking Pass will be towed by a towing company contracted by NoHa. The user whose vehicle has been towed is responsible for reclaiming the vehicle from the towing company, as well as any and all associated costs and fees. NoHa is not responsible for returning any towed vehicles to their owners. The contact details for the towing company, as well as the costs and fees associated with reclaiming a towed vehicle, are posted in a prominent location inside the Parking Lot.
6. SECURITY INSIDE THE PARKING LOT
6.1. Users of the Parking Lot are obliged to drive carefully inside the Parking Lot and respect signaling directions, and the right of way.
6.2. RESERVED.
6.3. Users of the Parking Lot are obliged to park the vehicle within the markings for a single parking space. Parking in more than one parking space is not permitted and will be considered Unauthorized Parking and subject to the measures referred to in Article 5. of this Agreement.
7. RISK OF DAMAGE TO VEHICLES OR ASSETS IN THE PARKING LOT
7.1. In the event of damage to another vehicle or any part of the property or the Parking Lot itself, the Parking Lot user shall immediately report it to NoHa by email help@nohaparking.com, phone/text at (312) 477-2190, or the police.
7.2. In the event of damage to another vehicle, representatives of NoHa or the Management Company may request registration data for the vehicle and any other vehicle involved in the incident.
7.3. In the event of damage to any part of the property or structure of the Parking Lot, NoHa or the Management Company of the Parking Lot are authorized persons to claim damages and cover the costs NoHa or the Management Company had to pay to repair the damages.
8. PROHIBITED ACTIVITIES INSIDE THE PARKING LOT
8.1. Inside the Parking Lot, users are expressly prohibited from performing any activities unrelated to the entry, parking, or exit of vehicles for which the user has a valid Parking Pass. Such activities include, but are not limited to, the following:
a) Perform any activities related to the sale, rental and provision of services, and disposal of vehicles or movable property.
b) Park the vehicle in such a way that it also impedes the other users of the Parking Lot – blocking the entrance or exit or posing an obstacle inside the Parking Lot.
c) Hinder other users of the Parking Lot – inappropriate behavior.
d) Park the vehicle in a space for a special type of vehicle or a special category of the driver (persons with disabilities, mothers with children, etc.) if the owner of the vehicle or driver does not belong to the said category.
e) Clean vehicles within the Parking Lot.
f) Dispose of waste or garbage within the Parking Lot.
g) Place promotional material (leaflets, posters, flyers, business cards) without the explicit permission of NoHa or the Management Company
h) Service vehicles inside of the Parking Lot
8.2. All activities contrary to applicable laws and regulations are expressly prohibited in the Parking Lot.
9. ACCESS AND REMOVAL OF VEHICLES
9.1. In the event of improper parking at the Parking Lot, according to Article 5 of this Agreement, NoHa or the Management Company will call a towing service and remove the improperly parked vehicle.
9.2. NoHa or the Management Company has the discretion to refuse entry of any vehicle to the Parking Lot for any reason and is under no obligation to give the reasons.
9.3. In the event that one part or the whole Parking Lot must be closed (temporary or permanent) or if the Parking Lot has to be evacuated, either in the event of an emergency or for other reasons, NoHa or the Management Company has the right to restrict access to the Parking Lot and/or move the parked vehicles to outside the Parking Lot.
9.4. NoHa or the Management Company has the right to move vehicles if they are parked contrary to this Agreement, including, but not limited to, the following:
a) Blocking the exit in case of danger,
b) Causing a potential fire hazard,
c) Hindering other users of the Parking Lot.
d) Obstructing the maintenance of the Parking Lot.
e) Parking outside of a designated space or parking in two or more designated parking spaces.
f) Posing a security risk to the Parking Lot and other users of the Parking Lot.
g) Posing a threat to health and safety.
10. ABANDONED VEHICLES
If a vehicle remains unauthorized at the Parking Lot for more than 24 hours, NoHa, the Management Company, or the Contractor have the right to remove the vehicle by means of a towing service at the expense of the vehicle owner.
11. PROHIBITED ENTRY TO THE PARKING LOT
NoHa or the Management Company have the right to prohibit access to the Parking Lot for vehicles that have not complied with this Agreement in accordance with their own assessment.
13. COMPLAINTS
If you need further clarification of this Agreement and have any complaints, you may contact NoHa or the Management Company, and can address your complaint in writing to NoHa using the email address: help@nohaparking.com.
14. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction.
15. LIMITATION OF LIABILITY
You agree that you are solely responsible for (and that NoHa has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for all activities that occur under your account.
BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NOHA PARKING AND ITS AFFILIATES, OFFICERS, USERS, LICENSORS, EMPLOYEES, AGENTS, AND PARTNERS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, VIOLATION OF ANY TERM OF THIS AGREEMENT, CONDUCT OR CONTENT OF ANY OTHER USERS OF THE SERVICE, AND UNAUTHORIZED USE OF CONTENT. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NoHa Parking, in providing the Service, is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the user’s vehicle while parked, attempting to park, or attempting to exit from the parking facility. The user acknowledges that all claims of liability for any damage or injury to the user, the uer’s vehicle, and the User’s passenger or passengers that might or does occur while the User is entering, parking, parked in or exiting the parking facility are solely against NoHa Parking, in providing the Service, shall have no liability to User relative to same. The use of the reservation is subject to NoHa Parking’s rules and regulations. In the event that the user violates any rule of regulation, the user runs the risk of being towed and accepts full responsibility for costs associated therewith. The provisions of this Article shall survive termination of this Agreement and your use of the Service.
16. DISCLAIMER
You agree that the use of the Service is at your own risk. NoHa Parking provides the Service on an “AS IS” and “AS AVAILABLE” basis WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NOHA PARKING EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. NOHA PARKING EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR PRODUCTS YOU MAY RECEIVE FROM OTHER USERS OF THE SERVICE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The terms of this Article shall survive termination of this Agreement and your use of the Service.
17. INDEMNITY
By using the Service, you agree to indemnify NoHa Parking and its affiliates, officers, users, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from your use of the Service, your violation of this Agreement, or your breach of any representations and warranties herein. The terms of this Article shall survive termination of this Agreement and your use of the Service.
18. RESERVED DATES
The Parking Lot will not be available during the Market Days event, which generally takes place on the first or second weekend in the month of August. All vehicles are required to be removed from the lot starting 0700 on the Friday of the Market Days weekend, and may return from 0800 on the Monday following the Market Days weekend. If you have an active Parking Pass during that period, NoHa Parking or the Management Company will contact you at least 3 days in advance to confirm the dates and times the Parking Lot will be closed and inaccessible.
NoHa or the Management Company may, from time to time, close the lot for maintenance or other events. If you have an active Parking Pass during these periods, NoHa Parking or the Management Company will contact you at least 7 days in advance to confirm the dates and times the Parking Lot will be closed and inaccessible, and provide a credit equal to the applicable per diem rate of your active Parking Pass.
19. OTHER
NoHa or the Management Company reserves the right to change this Agreement at any time and is obliged to do so in writing.
NoHa Parking