Terms of Service
Effective: 10/31/2021
The following Terms and Conditions govern your use of the NoHa Parking online parking reservation system (the “System”), which is owned and operated by Brixton Capital Ventures LLC Series 3 (“BRIXTON”). Your access to, and use of, the System and services, products and networks found at or related to the System (referred to collectively as the “Service”) are subject to the following Terms and Conditions.
The Service provided by BRIXTON pursuant to the System is limited to: informing users of the location and potential availability of parking spots. Third parties, including BRIXTON related entities, who are in the business of owning, leasing, managing, or operating parking facilities shall process payments, negotiate terms of licenses, settle disputes between users of the Site, provide the parking service, operate the parking lot or otherwise accept custody of motor vehicles. BRIXTON, in providing the Service, does not accept any responsibility whatsoever regarding the safety of persons or property in the parking spots found on the System, guarantee the availability of a specific parking spot in the location you selected or the suitability of said parking spot. The responsibility of the forgoing is determined by the agreement between the parking provider and you.
1. ACCEPTANCE OF TERMS
By using the Service, you signify your acceptance of the Terms and Conditions and agree to comply therewith (the “Agreement”). BRIXTON 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.
BRIXTON 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 this System following the posting of any change to the Terms and Conditions constitutes acceptance of those changes.
2. TRADEMARK
You may not use any BRIXTON owned or third party owned trademarks or logos without the prior written consent of BRIXTON or the applicable trademark owner.
3. SERVICES AND USE OF SERVICES
By using the Service, you represent and warrant that you are at least 18 years of age and that you are legally able to enter into this Agreement under the current laws of your jurisdiction.
The service provided by this System is limited to: (i) informing customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. The decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. In connection with providing the Service, BRIXTON is not responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
This Site is intended for personal, noncommercial use.
4. TERMINATION OF USAGE
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
5. PRICING AND AVAILABILITY
BRIXTON, in providing the Service, facilitates the reservation of parking between those in need of short-term parking (the “Licensees”) and owners, managers, or lessees of parking facilities (the “Licensors””). While BRIXTON makes every effort to provide accurate information regarding the parking listed on the System, BRIXTON does not make any representation as to the accuracy of such information. As Licensee you assume the risk that the information provided is not accurate. BRIXTON, in providing the Service, does not set the parking prices, operate the parking facilities, determine parking availability or charge you for any parking fees or services provided. BRIXTON is not responsible for any consequences arising from not being able to park, delays associated with parking, road closures or changing traffic conditions. In all cases the parking arrangement will be governed by the agreement made between the Licensor and the Licensee as posted at the parking facility location or provided to the Licensee by the Licensor. By using the Service, Licensors have represented that they have full authority to license to the general public, the parking they propose to license, without restriction.
When a reservation is submitted online, the quoted rate is fixed. Therefore, the quoted rate may not be combined with any additional coupons, special offers or other promotion when exiting with the parking facility. Special discounts do not apply. Licensees agree to abide by the terms and conditions of the purchase imposed by any Licensor with whom a reservation is made, including, without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by that Licensor. Licensee is responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the System. BRIXTON is not responsible in any way for the accuracy or suitability of any payment to any entity on your behalf.
6. CANCELLATIONS AND REFUNDS
Unless otherwise provided in the agreement with the Licensor of the parking space, parking booked through the System is fully refundable up to 48 hours before the start of the reservation unless noted otherwise. Cancellations must be submitted by emailing cancellations@nohaparking.com and are not accepted via phone. After 48 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Parking customer was unable to use the parking.
Special conditions may exist in connection with event parking. These conditions are determined by the Licensor of the parking space. Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.
7. PARKING PASS
7.1. Users who book parking through the System ("Buyers") must present the System parking pass in accordance with the instructions included with the booking to receive their guaranteed parking space on the day of reservation. If the Buyer does not present the parking pass to the Licensor, the driver will not get credit for their online payment and this online payment will not be refunded at a later date.
7.2. Buyers are responsible for ensuring they arrive at their booked parking location.
7.3. The parking booked is valid only for the times listed on the parking pass.
7.4. Customer must comply with all rules and regulations of the parking location.
7.5. Parking passes are not transferable and resale of parking passes is not permitted.
8. PERSONAL INFORMATION
In order to access certain services on the System, you may be required to provide information about yourself (such as identification or contact details). You agree that any information that you provide will be accurate. Additionally, you agree that you are responsible for maintaining the confidentiality of passwords associated with any account that you use to access the Services provided by the System. If you become aware of any unauthorized use of your password or of your account, you agree to notify BRIXTON immediately at help@nohaparking.com. The provisions of this Article will survive termination of this Agreement and your use of the Service.
9. POSTING TO SYSTEM
Postings to the System and e-mail delivered to BRIXTON are not confidential, and BRIXTON is not liable for any use or disclosure of that information. All communications and other materials you submit to the System or to BRIXTON by e-mail (including, without limitation, unsolicited ideas, suggestions, or materials) are the sole and exclusive property of BRIXTON and may be used by BRIXTON for any purpose (commercial or otherwise) without further permission or compensation to you.
10. ACCURACY OF INFORMATION
The information regarding parking facilities is provided by the Licensor. BRIXTON, in providing the service, does not verify such information. BRIXTON, in providing the Service, cannot be responsible for the content or accuracy of any information obtained regarding the parking facilities, and shall not be responsible for any transaction, interaction, or contact resulting from the Services.
11. PROPERTY RIGHTS
The System contains various information in the form of data, text, graphics, and other materials from BRIXTON and third party operators (the "Site Content"). You acknowledge that the System and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the System Content is and shall remain the property of BRIXTON, its successors and assigns and/or its licensees. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the System Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any System Content, in whole or in part.
12. LIMITATION OF LIABILITY
You agree that you are solely responsible for (and that BRIXTON 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 BRIXTON AND ITS AFFILIATES, OFFICERS, LICENSEES, 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.
BRIXTON, 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 Licensor to the Licensee’s vehicle while parked, attempting to park, or attempting to exit from the parking facility. The Licensee acknowledges that all claims of liability for any damage or injury to the Licensee, the Licensee’s vehicle, and the Licensee’s passenger or passengers that might or does occur while the Licensee is entering, parking, parked in or exiting the parking facility are solely against Licensor, and BRIXTON, in providing the Service, shall have no liability to Licensee relative to same. The use of the reservation is subject to Licensor’s rules and regulations. In the event that Licensee violates any rule of regulation, the Licensee 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.
13. DISCLAIMER
You agree that the use of the Service is at your own risk. BRIXTON 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. BRIXTON EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. BRIXTON 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.
14. INDEMNITY
By using the Service, you agree to indemnify BRIXTON and its affiliates, officers, licensees, 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.
15. CONDUCT
By using the Service, you agree to the following:
(i) Compliance with Rules and Regulations. The Licensee agrees to comply with any rules and regulations established by any Licensor in connection with the utilization of the Services;
(ii) Impersonation. You shall not impersonate others through the Service in a manner that does or is intended to mislead, confuse, or deceive other users of the Service regarding your identity;
(iii) Illegal Activities. You shall not use the Service to solicit, enable or perform illegal acts or to deliver illegal products to other users of the Service;
(iv) Disruption. You shall not engage in any activity that interferes with or disrupts the services provided by the System (or the servers and networks which are connected to the System). You shall not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
(v) Intellectual Property Rights. You shall not use the Service to display any content that violates the intellectual property rights of any user or third party;
(vi) Spam. You shall not use the Service to distribute unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies. You shall not use any robot or spider to collect information about users for any unauthorized purpose;
(vii) Privacy. You shall not use the Service to infringe on the privacy of others by posting confidential information including but not limited to credit card numbers, social security numbers, residential or business addresses, e-mail addresses, or other personally identifiable information;
(viii) Abusive Content. You shall not use the Service to display content that does or is intended to harass, defame, threaten, or otherwise abuse others; and
(ix) Pornographic Content. You shall not use the Service to display Content that is pornographic in nature.
16. TERMINATION OF SERVICE
16.1. BRIXTON reserves the right, in its sole and absolute discretion and without prior notice, to terminate your account or otherwise limit your use of the Service for any reason including but not limited to any violation of this Agreement. BRIXTON reserves the right to decide whether your conduct has violated any terms of this Agreement.
16.2. BRIXTON reserves the right to remove or otherwise alter any content you submit to the Service without your permission.
17. AGENCY AND EMPLOYMENT
17.1. BRIXTON is not a party to any contract formed by the use of the Service other than as provided by this Agreement.
17.2. This Agreement is not a contract for employment. No agency relationship exists between you and BRIXTON or its affiliates, officers, licensees, licensors, employees, agents, and other partners.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and BRIXTON, and supersedes any prior written or oral agreements. This Agreement is subject to all state, federal, and local laws. If any term in this Agreement is held invalid or unenforceable, the invalid or unenforceable term should be stricken and the remainder of the Agreement shall be construed as to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect. BRIXTON’s failure to enforce any term in this Agreement will not constitute a waiver of that or any other term in this Agreement. This System is operated by BRIXTON CAPITAL GROUP, Inc, a corporation organized under the laws of the State of Illinois. The parties consent to the exclusive jurisdiction of the state courts of Illinois or of the United States District Court for the Northern District of Illinois and irrevocably agree that all actions or proceedings relating to this Agreement will be litigated in such courts. The parties waive any objection based on improper venue or forum non conveniens.
19. 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.
20. MODIFICATION
BRIXTON may at any time modify these Terms of Use and your continued use of this System will be conditioned upon the terms and conditions in force at the time of your use.
Brixton Capital Ventures LLC Series 3