Please read these terms and conditions carefully using our mobile messaging program.
1. Program Description
E-Park ("we", "us", "our") operates a mobile messaging program (the "Program") subject to these Mobile Messaging Terms and Conditions (the "Agreement"). The Program includes SMS/MMS messages sent to your mobile phone number for the purposes of:
- Transactional Notifications: Booking confirmations, receipts, check-in QR codes, and parking session expirations.
- Security Alerts: One-time passcodes (OTP), account verification, and suspicious activity alerts.
- Service Updates: Facility closures, holiday hours, emergency notifications, and policy changes.
- Customer Support: Responses to your inquiries initiated via text or support tickets.
2. User Opt-In
By providing your mobile phone number to us, you are voluntarily opting into the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if your mobile number is registered on any state or federal Do Not Call list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at support@e-park.app.
Consent to receive automated marketing text messages is not a condition of any purchase. Participation in the Program is completely voluntary.
3. Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. Message frequency varies based on your booking activity and account status. Please check with your mobile carrier for details about your specific plan and any applicable fees.
4. Support Instructions
For support regarding the Program, text "HELP" to the number you received messages from or email us at support@e-park.app. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth below.
5. Opt-Out Instructions
You may opt out of the Program at any time. To stop receiving text messages from us, text the keyword STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to the number you received messages from. You will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword commands and agree that we and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.
6. Disclaimer of Warranty and Carrier Liability
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.Wireless carriers (including T-Mobile, AT&T, Verizon, etc.) are not liable for delayed or undelivered messages.
7. Privacy
We respect your privacy. We will only use the information you provide to transmit your mobile messages and respond to you, if necessary.WE DO NOT SHARE, SELL, RENT, OR TRADE YOUR MOBILE PHONE NUMBER OR SMS CONSENT STATUS WITH THIRD PARTIES FOR THEIR MARKETING PURPOSES.For more information as to how we collect and use your personal information, please review our Privacy Policy.
8. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute or claim relating in any way to your use of the Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Class Action Waiver: WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
9. Governing Law
These Messaging Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
10. Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
11. Contact Us
If you have any questions about these Messaging Terms and Conditions, please contact us at: support@e-park.app