Updated Terms and Conditions
Effective Date: August 6, 2019
Please read this Agreement carefully before you use the Services, as it constitutes a legal agreement between you and Peasy.
The Services are offered and available to persons who are at least 18 years of age or the age of majority, as determined by the laws of your state of residency. If you are not at least 18 years of age, or the age of majority, as determined by the laws of your state of residency, then please do not attempt to create an Account.
This Agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 4.22 for full details.
For any Account or Subscription for which auto-renew is enabled, such Account or Subscription will continue for the applicable Annual Fee Period or Monthly Fee Period, and will automatically renew for the applicable fee period thereafter unless you or we cancel it. You may cancel your Account or any Subscription on your Account at any time through the Peasy Site, the App or by calling us at +1-833-99PEASY (+1-833-997-3279). At the time of renewal, your Payment Method will automatically be charged (or you will be billed, as applicable) at the Monthly Subscription rates in effect at the time of renewal.
The Toll Services are available only for tolls charged by Participating Toll Authorities (as defined in Section 3.2), and only after your Registered Plate has been enrolled with that Participating Toll Authority through the Toll Services, and you are responsible for determining whether any toll authority is a Participating Toll Authority (see our Coverage Map for Participating Toll Authorities) and the status of your Registered Plate’s enrollment with each Participating Toll Authority.
a. To use the Services, you will need to create an account (an “Account”) and provide your name, a valid and active email address, a valid and active credit card or other acceptable form of payment (a “Payment Method”) to pay for Fees incurred through the Services, a valid mailing address, and any other billing information required. You must also create a user name (which may be your email address) and password. For Annual Subscriptions, each Subscription you create on your Account will provide Services for one license plate (a “Registered Plate”). Effective as of June 27, 2019, no additional Annual Subscriptions will be offered or sold for the Services. All Annual Subscriptions on your Account will be consolidated into one Annual Subscription that provides Services to all Registered Plates on your Account (see Section 2.1). For Monthly Subscriptions, you may create a single Subscription on your Account and that Subscription will provide Services for one or more license plates (the “Registered Plates”). You may be required to provide the license plate number and state of issuance, and where applicable, the license plate type when registering a license plate for the Services. You may change the Registered Plate on a Subscription at any time during the Annual Fee Period or Monthly Fee Period for that Subscription by removing it and replacing it with a different license plate (which, once updated, is the Registered Plate on the Subscription) (see Section 2). Because it can take up to 72 hours for us to unenroll your Registered Plates from the Participating Toll Authorities, any removal of a Registered Plate from its Subscription will not become effective for 72 hours (“Removal Effective Time”). You will be responsible for all Toll Fees incurred prior to the Removal Effective Time by the removed Registered Plate, regardless of when such Toll Fees are posted to your Account or Payment Method. Similarly, it may take up to 72 hours for us to enroll your updated Registered Plate with Participating Toll Authorities (See Section 3.2).
b. In the event your Payment Method is declined for any Fees, or if any charges to your Payment Method for any Fees are cancelled or reversed by the financial institution that supports your Payment Method, Peasy may unenroll from all Participating Toll Authorities any and all Registered Plates on your Account and/or cancel your Account or any Subscription on your Account.
d. You must protect your user name and password, keep such information secret, and not disclose it to any other person except those who you expressly permit to use your Account for the Services. If you feel that your Account has been compromised you should immediately login to your Account and update or change your password. If you have any issues accessing your Account please contact Customer Service at 1-833-99-PEASY (1-833-997-3279) or email at email@example.com. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security, and failure to do so will constitute a waiver of your right to contest any fees incurred as a result of the unauthorized access or breach. You should log off from your Account when you have completed your use of the Services and be careful when accessing your Account from a public or shared computer, like a computer at a public library, so that other people are not able to view your password or other personal information.
e. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
f. If you create an Account, then you agree to the following:
i. To provide complete and accurate information to create your Account and to keep your Account information up-to-date. This includes ensuring that you have a valid and active Payment Method on file and that the information relating to your Registered Plate(s) is accurate, complete and up-to-date at all times.
ii. Not to impersonate any other person, thing or entity through your user name or Account.
iii. Not to access anyone else’s Account without that person’s permission.
iv. That you are at least 18 years of age or the age of majority, as determined by the laws of your state of residency.
v. That Peasy may temporarily or permanently discontinue providing the Services at any time and that as a result you may be prevented from accessing your Account and may not have tolls processed through the Services.
vi. To be solely responsible for all activities that occur under your Account.
vii. You are responsible for any hardware, software and data network access required to access and use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and for any updates thereto.
viii. That Accounts and Subscriptions are not transferable.
ix. To abide by all terms of this Agreement.
2.1. Annual Fee Subscription.
a. You agree to pay the fees set forth on the Pricing Page for an annual Subscription to the Services (“Annual Fee”) for each Subscription on your Account registered for an annual period (“Annual Subscription”). Each Annual Subscription covers one Registered Plate, although the Registered Plate may be updated throughout the course of the Annual Subscription, subject to the terms of this Agreement. The Annual Fee will be charged against your Payment Method, and will be charged within 72 hours after the Registered Plate used to establish the Annual Subscription has been enrolled by Peasy with at least one Participating Toll Authority, regardless of when the first toll is incurred by that Registered Plate using the Services.
b. The “Annual Fee Period” begins on the day that Peasy charges your Payment Method for the Annual Fee for each Annual Subscription on your Account, not from the date that you set up your Account or from the date of the first toll processed under that Annual Subscription, and expires on the calendar day immediately preceding the annual anniversary date. Changing a Registered Plate within an Annual Subscription does not restart the Annual Fee Period; however, each Annual Subscription on your Account may have a different Annual Fee Period depending on the date on which your Payment Method was charged for the applicable Annual Fee. Peasy does not warrant or guarantee that your Registered Plate (or any updated Registered Plate) will be enrolled with any specific Participating Toll Authority within any specific period of time after you have set up your Annual Subscription or updated a Registered Plate, as enrollment of license plates with all Participating Toll Authorities does not occur automatically, although generally enrollment with all Participating Toll Authorities will be completed within 3 days of the beginning of your Annual Fee Period or the updating of any Registered Plate on your Annual Subscription. If you already have an account directly with a Participating Toll Authority, Peasy may not be able to enroll your Registered Plate with that Participating Toll Authority until you take certain action with the toll authority [See Section 3.3]. To determine whether your Registered Plate has been enrolled with a specific Participating Toll Authority, visit your Account Profile – Vehicles.
c. Effective as of June 27, 2019, no additional Annual Subscriptions will be offered or sold for the Services. Each existing Annual Subscription on your Account will be consolidated into one Annual Subscription. The consolidated Annual Subscription will provide Services for all Registered Plates. The consolidated Annual Subscription will expire in accordance with the terms of this Agreement unless you select auto-renew for your Account. If auto-renew for your Account is enabled, the consolidated Annual Subscription will be automatically renewed into a Monthly Subscription effective as of the first calendar day following the end of your Annual Fee Period, in accordance with the provisions of Section 2.2 below. If you previously registered for multiple Annual Subscriptions on your Account, the Monthly Subscription will be effective as of the first calendar day following the end of the previously existing Annual Subscription having the latest Annual Fee Period expiration date.
d. Annual Fees are non-refundable, except as set forth in Section 2.3. Annual Fees are subject to change from time-to-time. Any such changes will apply to your next Annual Fee Period, and you will be notified not less than 15 days prior to any change in price.
2.2. Monthly Fee Subscription.
a. You agree to pay the fees set forth on the Pricing Page for a monthly Subscription to the Services (“Monthly Fee”) for each Registered Plate on your Account (“Monthly Subscription”). The Monthly Subscription covers all Registered Plates on your Account, although the Registered Plates may be updated throughout the course of the Monthly Subscription, subject to the terms of this Agreement.
b. Peasy may from time to time offer to certain new customers a free trial period (the “Trial Period”) during which you will not be charged the Monthly Fee for your Monthly Subscription. The Trial Period begins on the day that you accept this Agreement. You may cancel your Monthly Subscription at any time prior to the expiration of the Trial Period. If you do not cancel your Monthly Subscription prior to the expiration of the Trial Period, you will be charged the Monthly Fee. You will not receive any additional notice from Peasy that your Trial Period has ended and that payment for your Monthly Fee is due and will be charged. You will be responsible for all Toll Fees incurred during the Trial Period, regardless of when such Toll Fees are posted to your Account or Payment Method and regardless of whether you cancel your Monthly Subscription prior to expiration of the Trial Period.
c. The “Monthly Fee Period” begins on the expiration date of the Trial Period (e.g., 30 days from the beginning of the Trial Period), not from the date that Peasy charges your Payment Method for the Monthly Fee or from the date of the first toll processed under your Monthly Subscription. The Monthly Fee Period expires based on the day that the Monthly Fee Period begins. If the Monthly Fee Period begins on calendar day 1-28, the Monthly Fee Period expires immediately preceding the monthly anniversary date. If the Monthly Fee Period begins on a calendar day other than 1-28 (for example, calendar day 29, 30, or 31), the Monthly Fee Period expires on the calendar day immediately preceding first calendar day 1 that follows the monthly anniversary date (for example, if the Monthly Fee Period begins on March 31, the Monthly Fee Period would expire on April 30). Changing or adding a Registered Plate within a Monthly Subscription does not restart the Monthly Fee Period. For example, a new Registered Plate added to a Monthly Subscription will originally be prorated based on the remaining days of the current Monthly Fee Period, and then added to the Monthly Subscription for future Monthly Fee Periods. If a Monthly Subscription has a single Registered Plate and that Registered Plate is removed from the Monthly Subscription, the Monthly Subscription will not be canceled and the Monthly Fee Period will not change or restart.
d. Peasy does not warrant or guarantee that your Registered Plate (or any updated Registered Plate) will be enrolled with any specific Participating Toll Authority within any specific period of time after you have set up your Monthly Subscription or updated a Registered Plate, as enrollment of license plates with all Participating Toll Authorities does not occur automatically, although generally enrollment with all Participating Toll Authorities will be completed within 3 days of the registration of a Registered Plate or the updating of any Registered Plate on your Monthly Subscription. If you already have an account directly with a Participating Toll Authority, Peasy may not be able to enroll your Registered Plate with that Participating Toll Authority until you take certain action with the toll authority [See Section 3.3]. To determine whether your Registered Plate has been enrolled with a specific Participating Toll Authority, visit your Account Profile – Vehicles.
e. During registration, each Registered Plate on your Account will be automatically enrolled in a monthly auto-renew for your Account. After registration, you may disable the auto-renew for your Account prior to the expiration date of the Monthly Fee Period. If you disable the auto-renewal and you do not make a monthly payment prior to the expiration date of the Monthly Fee Period, your Monthly Subscription will expire at the end of the Monthly Fee Period.
f. Monthly Fees are non-refundable, except as set forth in Section 2.3. Monthly Fees are subject to change from time-to-time. Any such changes will apply to your next Monthly Fee Period, and you will be notified not less than 15 days prior to any change in price.
2.3. Cancellation and Renewal. The following terms apply to all Subscriptions for the Services:
a. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ACCOUNT. IF YOU DO NOT CANCEL YOUR ACCOUNT WITHIN FOURTEEN (14) DAYS FOLLOWING THE BEGINNING OF THE FIRST ANNUAL FEE PERIOD, IT WILL MEAN THAT YOU AGREE TO THIS AGREEMENT WHICH WILL BE LEGALLY BINDING ON YOU, AND YOUR ANNUAL FEES WILL BE NON-REFUNDABLE. If you cancel your Account within such fourteen (14) day period, your Annual Fee or Monthly Fee will be fully refunded to the Payment Method on your Account within 3 to 6 weeks of your Cancellation Effective Date (defined below). We have the right to offset from any refund the amount of Toll Fees incurred by the Registered Plate(s) on your cancelled Account that were incurred prior to the Cancellation Effective Date, but that were declined by your Payment Method.
b. You may cancel your Account or any Subscription at any time through the Peasy Site, the App or by calling us at +1-833-99PEASY (+1-833-997-3279).
c. We reserve the right to cancel your Account and/or any Subscription on your Account and/or unenroll from a Participating Toll Authority any Registered Plate on your Account at any time if you fail to pay amounts owing to us when due, violate or breach any provision of this Agreement, or for any other reason in our sole discretion.
d. Because it can take up to 72 hours for us to unenroll your Registered Plate(s) from the Participating Toll Authorities, your cancellation will not become effective until 72 hours after you notify us of your cancellation (“Cancellation Effective Date”). You will be responsible for all Toll Fees incurred prior to the Cancellation Effective Date, regardless of when such Toll Fees are posted to your Account or Payment Method.
e. IF YOUR ACCOUNT OR ANY SUBSCRIPTION IS CANCELLED BY YOU OR US, OR ANY OF YOUR REGISTERED PLATE(S) IS UNENROLLED, YOU WILL STILL BE RESPONSIBLE FOR PAYMENT OF ALL FEES INCURRED PRIOR TO THE CANCELLATION EFFECTIVE DATE, REGARDLESS OF WHEN SUCH FEES ARE POSTED TO YOUR ACCOUNT OR PAYMENT METHOD.
f. You may renew your Account or any Subscription on your Account by selecting auto-renew at any time prior to the applicable expiration day of the Annual Fee Period or by actively renewing through the Services prior to the expiration date. Once you select auto-renew for your Account for an Annual Subscription, or are enrolled in auto-renew for your Account during registration for a Monthly Subscription, all Subscriptions on your Account will continue to renew as a Monthly Subscription until cancelled or until you opt out of auto-renew. If you select auto-renew for an Annual Subscription, or are enrolled in auto-renew for a Monthly Subscription, that Subscription will continue to renew as a Monthly Subscription until cancelled or until you opt out of auto-renew.
g. At the time of renewal, your Payment Method will automatically be charged (or you will be billed, as applicable) at the annual subscription rates in effect at the time of renewal.
h. RENEWAL PAYMENTS ARE NON-REFUNDABLE. IF YOU SELECT AUTO-RENEW FOR AN ANNUAL SUBSCRIPTION, WE WILL SEND YOU AN EMAIL TO THE EMAIL ADDRESS ON YOUR ACCOUNT THIRTY DAYS BEFORE THE EXPIRATION OF THE ANNUAL FEE PERIOD FOR EACH AUTO-RENEWAL ANNUAL SUBSCRIPTION LETTING YOU KNOW THAT YOUR ANNUAL SUBSCRIPTION(S) IS/ARE SCHEDULED FOR RENEWAL, AND THAT YOUR PAYMENT METHOD WILL BE CHARGED THE ANNUAL FEE. THIS GIVES YOU A CHANCE TO UPDATE YOUR CREDIT CARD OR CANCEL THE RENEWAL BEFORE THE CHARGE IS PROCESSED.
i. If you elect not to select auto-renew for an Annual Subscription, or if you elect to unenroll from auto-renew for a Monthly Subscription, your Registered Plate(s) may be unenrolled from all Participating Toll Authorities at the end of the applicable fee period. If you fail to renew your Subscription(s) in a timely manner you may experience a gap in coverage.
j. IN THE UNLIKELY EVENT THAT WE CEASE PROVIDING THE SERVICES, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL ANNUAL FEES AND MONTHLY FEES PAID WILL BE TREATED AS NON-REFUNDABLE.
3. The Services.
3.1. Toll Services.
3.1.1. General Terms of Toll Services.
a. The Toll Services comprise mobile applications (each an “App”) and related services provided through the www.drivepeasy.com website (“Peasy Site”), made available by Peasy to enroll a user’s Registered Plates with participating toll authorities throughout the United States (the “Participating Toll Authorities”) and pay the Participating Toll Authorities for tolls incurred by such Registered Plate(s) (the “Toll Services”). The Toll Services are provided on an annual basis (the Annual Subscription) or a monthly basis (the Monthly Subscription) via a subscription (a “Subscription”). Unless otherwise agreed by Peasy in a separate written agreement with you, the Toll Services are made available solely for your personal, noncommercial use. If you use any Toll Services for commercial purposes, we reserve the right to either cancel your Subscription or charge you the commercial rate retroactively to the beginning of your Subscription. Neither the Participating Toll Authorities, nor their officers, managers, employees, representatives or agents, are a party to this Agreement.
b. The Toll Services are available only for tolls charged by Participating Toll Authorities, subject to the limitations and exceptions set forth herein, and only after your Registered Plate (as defined in Section 1) has been enrolled with that Participating Toll Authority through the Toll Services. You are responsible for determining whether any toll authority is a Participating Toll Authority, (see our Coverage Map for Participating Toll Authorities) and the status of your Registered Plate’s enrollment with each Participating Toll Authority (See your Vehicle profile page).
3.1.2. Participating Toll Authorities.
a. You understand and agree that Peasy’s ability to provide the Toll Services and your use of the Toll Services are subject to the rules of the applicable Participating Toll Authority, including toll hierarchy rules that may require charging a toll to an account or service other than the Toll Services.
b. By using the Toll Services in accordance with this Agreement, Peasy may offer a “Worry Free Guarantee” that you will not be charged for a toll violation when using the Toll Services for your Registered Plate that was enrolled with a Participating Toll Authority through the Toll Services at the time of the toll violation. In the event that you receive a notice of a toll or a toll violation directly from a Participating Toll Authority that you believe should have been processed through the Toll Services, you can contact Peasy at 1-833-99-PEASY (1-833-997-3279) or by email at firstname.lastname@example.org and, if your Registered Plate was enrolled with the Participating Toll Authority through the Toll Services at the time of the toll, Peasy agrees to provide reasonable assistance in working with the Participating Toll Authority to attempt to resolve such toll or violation. Similarly, occasionally Participating Toll Authorities misread license plates, which can lead to vehicle owners being charged for tolls for which they should not be responsible. If this happens to you, you can contact Peasy at 1-833-99-PEASY (1-833-997-3279) or by email at email@example.com and Peasy agrees to provide reasonable assistance to resolve the issue. Alternatively, you may refer to Peasy’s FAQs regarding disputing a toll and other dispute procedures.
c. Not all toll authorities allow tolls to be paid through the Toll Services. The Toll Services will not work in all locations. You agree that Peasy is not responsible for any tolls that are charged to you for using such tollways. Please refer to Coverage Map for a list of the tollways where the Toll Services are not available.
d. Peasy makes reasonable efforts to update the Peasy Website and the App with changes to coverage.
3.1.3. Exceptions to the Toll Services.
a. Subject to state laws and Participating Toll Authority procedures, if you have already enrolled your Registered Plate directly with a Participating Toll Authority in connection with your own tolling account with that Participating Toll Authority, or through any other third-party providing services similar to the Toll Services, registering your vehicle with the Toll Services may cause your existing tolling account to be superseded, such that your tolls will be paid for through the Toll Services, and not through your other existing toll account(s). Alternatively, some Participating Toll Authorities will not permit you to have your Registered Plate enrolled directly with the Participating Toll Authority and under another account, such as the Toll Services, which may impact your ability to use the Toll Services in those cases. A list of some exceptions is provided on our FAQs. YOU ARE RESPONSIBLE FOR READING THE EXCEPTIONS, WHICH MAY BE UPDATED FROM TIME-TO-TIME.
b. The Toll Services are made available only for non-commercial, passenger vehicles. If you subscribe a Registered Plate on your Account that is mounted on a commercial or multi-axle vehicle, that Subscription will automatically be cancelled upon Peasy becoming aware of that vehicle type, and your Payment Method will be charged for all Toll Fees at the applicable rate for that vehicle type.
c. Coverage under the Toll Services is only available in the 50 states of the United States, and its territories and possessions, at Participating Toll Authorities.
3.1.4. Toll Fees and Payments.
a. Toll Fees.
i. Peasy will pay Participating Toll Authorities for tolls that are incurred by Registered Plates enrolled at that Participating Toll Authority and which use the Toll Services, and will charge your Payment Method for the amount of the toll at the rate actually paid by Peasy (which is the lowest negotiated applicable rate available to Peasy), plus the processing fee(s) set forth on the Pricing Page, plus any processing, management or similar fees imposed on Peasy by any Participating Toll Authority (whether on a per transaction and/or percentage basis) in connection with the processing or management of the tolls (collectively, the “Toll Fee”). Some toll roads employ “congestion pricing”, which results in fluctuating toll prices depending on traffic flow and time of day, and which may result in your being charged different amounts for the use of the same toll roads at different times. See our Coverage Map for a list of where these toll roads are.
ii. If your Payment Method is declined for any reason, then you will remain responsible for paying such amounts to Peasy, as well as any fees we incur through collecting such payment. You are responsible for all Toll Fees incurred by Registered Plates, regardless of who the driver of the vehicle was at the time of the toll. All transactions are final.
iii. If you sell or transfer your vehicle in a state where the license plate remains with the vehicle, or if the vehicle on which a Registered Plate is mounted (or the Registered Plate) is stolen, you are responsible for removing the Registered Plate from your Account and for the payment of any Toll Fees incurred by such Registered Plate until such Registered Plate is removed from your Account and unenrolled from Participating Toll Authorities, and Peasy will not be responsible for any of such Toll Fees. To remove a Registered Plate from your Account, visit your Account Profile – Vehicles, and hit “unenroll” for the Registered Plate you wish to remove.
iv. You will not receive notice of your tolls in real time. Usually it will take between 5 and 10 days for tolls to be posted to your Account and your Payment Method charged, and sometimes this period may be even longer if the applicable Participating Toll Authority takes longer to process the tolls incurred by your Registered Plate(s). Toll Fees may be charged to your Payment Method at any time after being posted to your Account and may be charged as separate or bundled transactions. Toll Fees will be charged at any time when accumulated and unpaid Toll Fees post to your Account in an amount of $10.00 or more.
v. Toll rates listed in the “Trip Planner” function of the App are estimates only, and may not reflect the accurate amount of the toll rate charged by the toll authority or the amount of the Toll Fee you will actually be charged by the Toll Services.
vi. Once your Registered Plate has been unenrolled from a Participating Toll Authority through the Toll Services, you will be responsible for paying the toll authority directly for any and all tolls, fines and/or related fees incurred thereafter.
3.2. Parking Services.
3.2.1. General Terms of Parking Services.
a. The Parking Services comprise Apps and related services provided through the Peasy Site, made available by Peasy to inform users of the location and apparent availability of parking and providing users the ability to pre-book and pay for parking (the “Parking Services”). Despite the convenience of the Parking Services, the decision to utilize the Parking Services is solely yours and you assume the responsibility and any assumption of risk associated with the Parking Services. The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. Peasy, therefore, cannot be 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 the user by them.
b. For clarification, Peasy does not:
i. Endorse the use of cell phones or other distracting devices while driving;
ii. Provide a parking service, operate a parking lot, or otherwise accept custody of motor vehicles; that service is provided by others and they are in no way our agents or acting on our behalf;
iii. Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by you;
iv. Guarantee the availability of a specific parking spot in the location you selected;
v. Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking;
vi. Warrant that the internet, our website or any email from us is free of ‘viruses’ or other potentially harmful effects.
c. The Parking Services are intended for personal, non-commercial use.
d. Peasy may modify or cease providing all or part of the Parking Services at any time, including adding or deleting content or features or disabling certain aspects of the Parking Any modification or elimination of all or part of the Parking Services will be done in Peasy’s discretion and without an ongoing obligation or liability to you. Your personal access to all or part of any App, the Peasy Site and Parking Services may be terminated or suspended at any time, with or without notice and for any reason. Upon termination or suspension, your right to access any App or the Peasy Site and use the Parking Services shall immediately cease. If your access to the Parking Services is suspended or terminated by us, you agree that you will not attempt to access the Parking Services by any alias, fraudulent identity, or otherwise without our express approval.
e. Permission is granted to electronically copy and print in hard copy portions of the Peasy Site for the sole purpose of using the Peasy Site as a shopping resource.
3.2.2. Parking Fees and Payments.
a. Parking Fees.
i. All parking prices on the Peasy Site are set directly by the parking garage owner or operator, not Peasy. Parking garage owners or operators may charge an additional fee for oversized vehicles, and it is within the owner or operator’s sole discretion to determine what qualifies as an oversized vehicle. Prices for parking can vary based on several factors including but not limited to; location (city), distance, time of reservation, date of reservation, and event schedules. Peasy, in its sole discretion, may add a convenience or administration fee to the posted parking rates. By purchasing parking through the Peasy Site or an App you agree to pay the amount shown at the time you make the reservation (the “Parking Fee”).
ii. If your Payment Method is declined for any reason, then you will remain responsible for paying such amounts to Peasy, as well as any fees we incur through collecting such payment. You are responsible for all Parking Fees. Except as set forth in Section 3.2.4, all transactions are final.
3.2.3. Specific Terms of Parking Services.
a. Users who book parking through an App or the Peasy Site must present the parking pass in accordance with the instructions included with the booking to receive their reserved parking space on the day of reservation. You are solely responsible for ensuring that all information regarding your booking is correct including, if required, your license plate number, car make and model, and reservation time. Peasy will not be liable to you if you enter any information incorrectly and you receive a ticket, a boot is placed on your vehicle, or your car is towed from the lot/garage as a result. If you do not present the parking pass to the operator or the garage, you will not get credit for your online payment and your online payment will not be refunded at a later date. If you arrive early or stay past your parking time you will be charged the posted rates at the garage, and not the booked rate and you may not receive credit for your online payment, that is within the discretion of the garage. 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 parking location. Peasy is not liable for road closures or changing traffic conditions.
b. It is your responsibility to comply with any and all rules or regulations posted by garage operators. If a parking facility allows tailgating on its premises, it is your responsibility to comply and check any local city ordinance codes on what is permissible (e.g., no open flames, no cooking, etc.). Resale of Peasy parking passes is not permitted.
3.2.4. Cancellations and Refunds for Parking Services.
a. Any reservation is fully refundable up to the start of that reservation unless specifically noted otherwise. You can cancel your reservation at any time up to the start of your reservation. After the start time of your reservation, all bookings become non-refundable, even if you are unable to park or have yet to park.It is within Peasy’s sole discretion, provided the circumstances, to offer you an account credit if you attempt to cancel a reservation after the start time. If you are unable to park due to the lack of parking spaces for false information provided by a garage, it will be the responsibility of the garage operator to refund you for your reservation.
b. 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.
3.3. Third Party Services.
a. The Services may also include other services and functionality provided by Peasy or by third parties. The services and functionality provided by third parties via the Services (“Third Party Services”) are provided solely as a convenience to you. Third Party Services are not under Peasy’s control, and Peasy is not responsible for such Third Party Services, including any information or materials made available to you through such Third Party Services. You will need to make your own independent judgment regarding your use of or interaction with Third Party Services.
a. “Fees” means Annual Fees, Monthly Fees, Toll Fees, Parking Fees and any other fees provided for by this Agreement. You are responsible for ensuring that the Payment Method provided for your Account is up-to-date and able to be charged in full for all Fees.
a. All Fees exclude all applicable sales, use, and other taxes and government charges of any kind and from any government authority. You will be responsible for payment of all such taxes and charges (other than taxes based on Peasy’s income), and any related penalties and interest, arising from the payment of any and all Fees.
4. General Terms.
a. Subject to the terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, personal, non-sublicensable, revocable license to use the App on any compatible mobile device that you own or control and to access and use the Services. No part of the Services may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Peasy. All rights not expressly granted in this Agreement are reserved by Peasy. Without limitation, this Agreement grants you no rights to the intellectual property of Peasy or any other party, except as expressly stated in this Agreement. You agree that any goodwill in the intellectual property of Peasy generated as a result of your use of the Services will inure to the benefit of Peasy, and you agree to assign, and do assign, all such goodwill to Peasy. You shall not at any time, nor shall you assist others to, challenge Peasy’s right, title, or interest in, or the validity of, any intellectual property of Peasy. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Peasy, you have breached or violate any provision of this Agreement.
a. You shall not, and shall not attempt to or permit any third party to: (i) copy the Services or any part of the Services or all or any part of any Third Party Services, other than as necessary to download the App for use in compliance with this Agreement; (ii) sublicense, distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, or prepare derivative works based upon the Services or any part of the Services or all or any part of any Third Party Services or attempt to derive source code from the Services or any part of the Services or all or any part of any Third Party Services (except to the extent any of the foregoing restrictions are prohibited by applicable law); (iii) attempt to circumvent any protection mechanisms in the Services or any part of the Services or in all or any part of any Third Party Services; (iv) remove or alter any copyright or other proprietary rights notices included in or affixed to the Services or any part of the Services or all or any part of any Third Party Services; (v) sell, license, disclose, distribute or grant a security interest in the Services or any part of the Services or all or any part of any Third Party Services; (vi) without express written permission of Peasy, use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Services for any use, including without limitation use on websites of third parties; (vii) access content or data not intended for you, or log into a server or account that you are not authorized to access; (viii) attempt to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach security or authentication measures without proper authorization; (ix) interfere or attempt to interfere with the use of the Services or any Third Party Services by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (x) use the Services or any Third Party Services to send unsolicited email, including without limitation promotions or advertisements for products or services; (xi) forge, modify, or falsify any network packet or protocol header or metadata in any connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers) or any Third Party Services; (xii) while using the Services, use ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (xiii) create any product designed or intended for use with the Services or any part of the Services or all or any part of any Third Party Services; (xiv) harass or stalk any person, or contact any person who has requested not to be contacted; (xv) provide false, misleading, or inaccurate information to Peasy or any other person in connection with the Services; (xvi) impersonate, or otherwise misrepresent affiliation, connection, or association with, any person or entity; or (xvii) harvest or otherwise collect information about users, including email addresses and phone numbers. Peasy may provide, but is not obligated to provide, any updates, revisions, new versions, bug fixes, maintenance, or support for the Services or any part of the Services. You acknowledge that neither Apple nor Google, nor any other app store service provider, has or have any obligation whatsoever to furnish any maintenance and support services with respect to the App.
a. Some Apps are only available for certain mobile devices. Peasy may update, change and discontinue which devices are compatible with the App from time to time. An App may not be compatible with your mobile device. No mobile device is compatible if it has been modified from the manufacturer’s software or hardware guidelines, including any disabling of controls, “jail breaking” the device or adding malware. Use of such a modified mobile device with the App (or any part of the Services) is expressly prohibited and is grounds for termination of this Agreement and your use of the Services.
b. With the App, you are responsible for:
i. Determining compatibility with your mobile device;
ii. Understanding whether the terms of your agreement with your mobile device manufacturer and mobile service carrier apply to your use of the App;
iii. Controlling access to and use of your mobile device to prevent the bypassing, disabling, or overriding of any restrictions, security measures, or other limitations of an App or your device and to prevent malware or other malicious code from being introduced to your mobile device; and
iv. Complying with all third party terms, including those of the applicable app store service provider, such as Apple or Google. This Agreement is between Peasy and you. The app store service providers, such as Apple and Google, are not a party to this Agreement and are not responsible for the App.
c. You acknowledge and agree that the app store service provider from which you downloaded the App is a third-party beneficiary of this Agreement and may therefore enforce the terms of this Agreement against you.
4.4. Communications and Texts.
4.5. Changes to this Agreement.
4.6. Changes to the Service.
a. Except as expressly set forth herein, Peasy reserves the right to change, amend, and otherwise alter the Services without prior notice to you. You may terminate use of the Services if you do not agree to such changes. Peasy will not refund any Fees in the event of such termination, except in accordance with Section 2.3.
4.7. Compliance with Laws.
a. You agree to use the Services and any Third Party Services in full compliance with all laws, regulations, rules and ordinances of all applicable governmental divisions, including the city, county, state and United States government, and any government entity of any other country, and any subdivision of any of the foregoing.
4.8. Term and Termination.
a. This Agreement begins upon the earlier of your acceptance of this Agreement by using the Peasy Site, downloading the App from the applicable app store, creating an Account, or clicking the “accept” or “agree” button or box with regard to this Agreement, and continues until this Agreement is terminated. Your Account, your access to the Services and any Third Party Services and your license may be immediately suspended or terminated (i) upon any attempted violation, or violation of the terms of this Agreement, (ii) if Peasy suspends or discontinues offering the Service, (iii) if any tolling authority or tolling authorities suspend or terminate the account or accounts that Peasy or any affiliate of Peasy maintains with such tolling authority or tolling authorities, or (iv) for other reasons as provided in this Agreement. Any termination upon your violation or attempted violation of the terms of this Agreement is automatic, and does not require any action by Peasy. You may terminate your Account or any Subscription on your Account, at any time. You may remove any Registered Plate from your Account at any time to stop receiving Services for that Registered Plate.
4.9. Effect of Termination or Suspension of Account.
a. Upon suspension, cancellation or termination of your Account for any reason, or if any Registered Plate is removed from your Account by you or Peasy for any reason, Peasy will stop processing any tolls incurred by Registered Plates on your Account, or by the removed Registered Plate, as applicable, within 72 hours (See Section 2.3). Tolls incurred prior to the Cancellation Effective Date of your Account or removal of a Registered Plate will be processed through the Services and you will be responsible for paying all applicable Fees. Upon the Cancellation Effective Date, you must stop all use of the Services in any form. All provisions of this Agreement that by their sense, meaning and context are intended to survive the termination of an Account or a Subscription will survive such termination, including, but not limited to, Sections 2.3, 4.1, 4.2, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.20, 4.21, 4.22, 4.23, 4.25, 4.27, 4.28 and 4.29.
a. As between you and Peasy, Peasy owns all right, title and interest in the Services. Other than the limited license set forth in this Agreement, no interest in or rights or licenses to the Services are granted to you, and no interest in or rights or licenses to the Services will inure in or accrue to you, whether by implication, estoppel or otherwise. All rights of any kind in the Services that are not expressly granted in this Agreement are entirely and exclusively reserved to and by Peasy, its licensors and suppliers, and its and their respective successors and assigns.
4.11. Disclaimed Warranties.
a. YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Peasy AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES AND ANY THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NO ENCUMBRANCE OR ACCURACY. YOU ACCEPT THE SERVICES “AS IS” AND “AS AVAILABLE.” Peasy AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES, OR ANY PART THEREOF, OR ALL OR ANY PART OF ANY THIRD PARTY SERVICES, OR YOUR ACCESS OR USE OF THE SERVICES OR ANY PART THEREOF, OR ALL OR ANY PART OF ANY THIRD PARTY SERVICES, COMPLIES WITH ANY LAW AND YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR ACCESS AND USE OF THE SERVICES AND ANY THIRD PARTY SERVICES COMPLY WITH ALL LAWS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Peasy AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES, OR ANY PART THEREOF, OR ALL OR ANY PART OF ANY THIRD PARTY SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY THIRD PARTY SERVICES WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION.
b. In the event of any failure of the App to conform to any applicable warranty, you may notify the app store from which you downloaded the App; however, to the maximum extent permitted by applicable law, that app store service provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility. You understand that the Fees do not constitute a “purchase price” for the App, and no app store shall have any authority or obligation to refund any Fees to you.
c. Peasy does not guarantee that the Services, or any portion thereof, or all or any part of any Third Party Services, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
4.12. No Indirect Damages.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Peasy NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF Peasy, LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY PART THEREOF, OR ALL OR ANY PART OF ANY THIRD PARTY SERVICES, REGARDLESS OF THE THEORY OF LIABILITY OR DAMAGES (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Peasy, ITS AFFILIATES, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF SUCH LIABILITY OR DAMAGES.
4.13. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Peasy OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY LIABILITY OR DAMAGES IN EXCESS OF $50.00, WHETHER SUCH AMOUNT IS OWED TO YOU OR ANY OTHER PARTY AND REGARDLESS OF THE THEORY OF LIABILITY OR DAMAGES (CONTRACT, TORT OR OTHERWISE) EVEN IF Peasy OR A LICENSOR OR SUPPLIER HAS BEEN ADVISED OF SUCH LIABILITY OR DAMAGES.
b. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the disclaimers, waivers, and limitations of liability set forth in Sections 4.11 and 4.12 and this Section 4.13 may not apply to you. Peasy’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Services or otherwise shall alter any of the disclaimers or limitations stated in Sections 4.11 and 4.12 and this Section 4.12.
4.14. Product Claims.
a. You acknowledge that Peasy, not the app store, is responsible for addressing any of your claims or those of any third party relating to the App or your possession and/or use of the App or the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) infringement of a third party’s intellectual property. You also acknowledge that all claims under the foregoing sentence are subject to all other terms and conditions in this Agreement.
a. You represent, warrant and covenant that (a) you are at least 18 years old or the age of majority as determined by the laws of your state of residency, and you have the authority and are otherwise legally qualified to bind yourself to this Agreement, (b) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (c) you are not listed on any U.S. Government list of prohibited or restricted parties. If you are using the Services or any Third Party Services on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. You also agree that by using the Services or any Third Party Services, you are electronically signing this Agreement and that such signature has the same effect as a standard ink or paper signature. You acknowledge and agree that you: (i) are able to print a complete and legible copy of this Agreement and save the same in a complete and legible form, (ii) are capable of opening, reading, printing, downloading and/or saving all sections of the Agreement, and (iii) had reasonable opportunity to review each section of the Agreement, read the Agreement and agree to it.
4.16. Injunctive Relief.
a. In addition to any other rights Peasy may have at law or equity, it will be entitled to injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.
4.17. Assumption of Risk; Release.
a. To the fullest extent permissible by law: (i) you knowingly and freely assume all risk when using the Services or any Third Party Services; (ii) you, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Peasy and its past, current and future stockholders, members, officers, directors, employees, agents, affiliates, consultants, representatives, licensors, sublicensees, service providers, successors, and assigns (collectively, the “Peasy Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. In addition to the foregoing general assumption of risk and release, you hereby specifically acknowledge, understand, and agree that you are solely responsible for determining when it is safe and lawful to use the App. You agree not to use the App while operating a motor vehicle. Peasy is not responsible for accidents that occur if you choose to breach this provision by using the App while operating a motor vehicle.
b. The App may contain bugs, errors, problems, or other limitations. If you are experiencing glitches you can contact Customer Service at 1-833-99-PEASY (1-833-997-3279) or by email at firstname.lastname@example.org.
4.18. Indemnity; Duty to Defend; Hold Harmless.
a. To the fullest extent permissible by law, you shall indemnify and hold harmless the Peasy Parties from and against any and all losses, liability, expenses, claims, actions, demands, and causes of action (individually, a “Claim”, and collectively, “Claims”), including but not limited to attorneys’ fees and legal costs, and at Peasy’s option providing sole and exclusive control of the defense of any action to Peasy, including the choice of legal counsel and all related settlement negotiations, whether in tort, contract, or any other legal theory, arising out of or relating to your access to or use of the Services or any Third Party Services, including: (i) the relationship between you and Peasy; (ii) your breach or violation of any term of this Agreement, including without limitation any covenant, representation or warranty contained in this Agreement; (iii) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (iv) your violation or alleged violation of Peasy’s or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You may not settle any Claim without the prior written consent of the concerned Peasy Parties. This indemnification obligation includes the acts or omissions of anyone accessing the Services using your login id, with or without your permission. This indemnification shall survive termination of this Agreement.
4.19. No Class Actions.
a. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU MAY ONLY RESOLVE DISPUTES WITH THE Peasy PARTIES ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED (THE FOREGOING BEING DEEMED THE “CLASS ACTION WAIVER”).
4.20. Important Note to New Jersey Consumers.
a. There are some special rules for residents of New Jersey. If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 4.12 titled No Indirect Damages, specifically the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act) and the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (b) in Section 4.13 titled Limitation of Liability, specifically the application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 4.17 titled Assumption of Risk; Release and Section 24 titled Indemnity, specifically the requirement that you indemnify Peasy (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 4.21 titled Governing Law and Section 4.22 titled Resolution of Disputes Agreement to Arbitrate, specifically the Arizona governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
4.21. Governing Law.
a. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of law principles.
4.22. Resolution of Disputes; Agreement to Arbitrate.
b. The parties to this Agreement acknowledge that the Class Action Waiver set forth in Section 4.19 is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. ‘Claim’ does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court.
c. If you and Peasy cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). You acknowledge that without this provision and the provisions of Section 4.19, you would have the right to sue in court with a jury trial or to participate in a class action. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, Peasy will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b) standards), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Peasy for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction (as defined in Section 4.22(e)) to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Peasy may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.
d. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
e. This agreement to arbitrate will not preclude you or Peasy from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Peasy from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim, equitable or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Maricopa County, Arizona. You and Peasy stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
f. Instead of proceeding to arbitration, either you or we have the option to pursue a dispute in small claims court (or the equivalent) so long as 1) the Claim remains in that court, and 2) is made solely on our behalf (if brought by us) or on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
a. This Agreement, including any updates to the terms and conditions of, or changes to, the Services made by Peasy, is the entire agreement between Peasy and you with regard to the use of the Services. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this Agreement will remain enforceable. A waiver of any terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. No salesperson, customer service representative or other representative is authorized to change the terms and conditions of this Agreement for you.
4.24. Force Majeure.
a. Peasy will not be liable for any failure to perform its obligations under this Agreement because of circumstances beyond the control of Peasy, which circumstances include (without limitation) natural disaster, terrorism, labor disputes, war, declarations of governments, transportation delays, failure of a computer or network, telecommunications failure, failure of a tolling authority, data processing software failure, and misuse of the Services by you.
4.25. Export Compliance.
a. The Services and its content, including, but not limited to, your Customer Information, toll data, toll records, and transaction data, may be subject to export compliance laws and regulations, including the U.S. Department of Commerce Export Administrative Regulations (“EAR”), the International Traffic in Arms regulations (“ITAR”), and applicable regulations of the Office of Foreign Assets Control (“OFAC”). You agree that you (1) are in compliance with all applicable export compliance laws, (2) are not located (and/or do not use the Services) in Syria, Sudan, North Korea, Iran, Cuba, or any other restricted area as specified in applicable export compliance laws, and (3) shall not transfer, export, or sell, attempt to transfer, export, or sell, the Services or its content or technology.
4.26. Assignment of Agreement and Account.
a. We may assign this Agreement and your Account and all rights and/or obligations hereunder to any third party without notice for any purpose, including collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger, divestiture or sale of substantially all of our assets to another entity. You hereby consent to such assignment. You may not assign this Agreement, your Account or Subscriptions without the consent of Peasy and any purported assignment in violation of this sentence is null and void.
4.27. No Third Party Beneficiaries.
a. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Peasy Parties, and to the extent expressly stated in this Agreement, the third party providers of Third Party Services and Peasy’s licensors and suppliers; and to the extent stated in the following Sections: Section 4.3 (App), and Section 4.13 (Limitation of Liability).
4.28. Independent Contractors.
a. You and Peasy are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
4.29. Notices/Contact Information.
a. You may direct any questions, complaints or Claims to Peasy at 1150 N. Alma School Road, Mesa, Arizona 85201, 1-833-99-PEASY (1-833-997-3279) or by email at email@example.com. Notices to you will be deemed given when deposited in the mail or when sent by email, in either case using the address provided in your Account. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the telephone number or, in writing at the address, set forth above.
When you enroll in the Services for a free trial period that ends thirty calendar days from the date of enrollment, you are purchasing a recurring monthly subscription. If you do not cancel your subscription by the end of the thirty-day free trial period, you will be charged a recurring monthly fee for the monthly subscription. You can cancel any time on your Peasy account page. By clicking ‘I Agree’ you agree to authorize this recurring monthly charge.