Effective Date: November 5, 2019

These Terms of Use (this “Agreement”) govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (collectively, the “Services,” as more fully described below in Section 3) made available by Auto Titles of America, LLC, d/b/a Peasy, a subsidiary of Verra Mobility Corporation, and their respective parents, members, subsidiaries, representatives, affiliates, officers and directors (collectively, “Peasy,” “us,” “we,” or “our”). In this Agreement, the words “you” or “your” include you, together with any company, person or other business entity you are representing, if any, and the terms “including” and “include” mean “including, but not limited to.”

Please read this Agreement carefully before you use the Services, as it constitutes a legal agreement between you and Peasy.

This Agreement begins when you accept it, (which is deemed to occur when you use the Peasy Site (as defined in Section 3.1), register a license plate for or otherwise use Services, download the App from the applicable app store or click the accept or agree button with regard to this Agreement) and remains effective until your account is terminated or cancelled by you or Peasy, although some provisions may survive such termination. By accepting this Agreement, you agree to and will be bound by the terms and conditions of this Agreement and all terms and conditions that are incorporated into this Agreement by reference, including the Privacy Policy. If you do not agree to the terms of this Agreement, do not download, access or use the Services.

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 pable) 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.

1. Accounts.

  1. Except to the extent you are using the guest checkout feature of Parking Services (if available), you will need to create an account (an “Account”) to use the Services 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).
  2. 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 and/or decline your use of any Services.
  3. The information that you provide us or that we discover based upon your use of the Services (“Customer Information”) is governed by our Privacy Policy, and you agree that we can use your Customer Information consistent with our Privacy Policy and that you are responsible for keeping all Customer Information accurate and up-to-date. Make sure you read the Privacy Policy to find out what information we collect from you and how we use it.
    You expressly authorize Peasy to provide Participating Toll Authorities, and any third-party providers of Third Party Services that you elect to use, with your Customer Information, including: (1) your name; (2) the license plate number(s) registered on your Account and (3) the date, time, location and/or amount of the toll incurred by your Registered Plate(s) or charged to your Account or Payment Method as provided in this Agreement and the Privacy Policy.
  4. 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 +1-833-99PEASY (+1-833-997-3279) or email at support@drivepeasy.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.
  5. 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.
  6. If you create an Account, then you agree to the following:
    1. 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.
    2. Not to impersonate any other person, thing or entity through your user name or Account.
    3. Not to access anyone else’s Account without that person’s permission.
    4. That you are at least 18 years of age or the age of majority, as determined by the laws of your state of residency.
    5. 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.
    6. To be solely responsible for all activities that occur under your Account.
    7. 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.
    8. That Accounts and Subscriptions are not transferrable.
    9. To abide by all terms of this Agreement.

2. Subscriptions.

  1. Annual Fee Subscription.
    1. 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.
    2. 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.
    3. 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.
    4. 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. Monthly Fee Subscription.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
  3. Cancellation and Renewal. The following terms apply to all Subscriptions for the Services:
    1. 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.
    2. 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).
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.

  1. Toll Services.
    1. General Terms of Toll Services.
      1. 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.
      2. 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).
    2. Participating Toll Authorities.
      1. 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.
      2. 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 +1-833-99PEASY (+1-833-997-3279) or by email at support@drivepeasy.com 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 +1-833-99PEASY (+1-833-997-3279) or by email at support@drivepeasy.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.
      3. 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.
      4. Peasy makes reasonable efforts to update the Peasy Website and the App with changes to coverage.
    3. Exceptions to the Toll Services.
      1. 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.
      2. 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.
      3. 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.
    4. Toll Fees and Payments.
      1. Toll Fees.
        1. 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.
        2. 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.
        3. 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.
        4. 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.
        5. 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.
        6. 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.
  2. Parking Services.
    1. General Terms of Parking Services.
      1. 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.
      2. For clarification, Peasy does not:
        1. Endorse the use of cell phones or other distracting devices while driving;
        2. 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;
        3. Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by you;
        4. Guarantee the availability of a specific parking spot in the location you selected;
        5. Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking;
        6. Warrant that the internet, our website or any email from us is free of ‘viruses’ or other potentially harmful effects.
      3. The Parking Services are intended for personal, non-commercial use.
      4. 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 Services. 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.
      5. 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.
    2. Parking Fees and Payments.
      1. Parking Fees.
        1. 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”).
        2. 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. Specific Terms of Parking Services.
      1. 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.
      2. 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.
    4. Cancellations and Refunds for Parking Services.
      1. 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.
      2. 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. Third Party Services.
    1. 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.
  4. Fees
    1. “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.
  5. Taxes
    1. 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.

  1. License.
    1. 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.
  2. Restrictions.
    1. 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.
  3. App.
    1. 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.
    2. With the App, you are responsible for:
      1. Determining compatibility with your mobile device;
      2. Understanding whether the terms of your agreement with your mobile device manufacturer and mobile service carrier apply to your use of the App;
      3. 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
      4. 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.
    3. 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. Communications and Texts.
    1. You agree to receive administrative communications from Peasy with regard to the Services, tolls, policy changes, system updates and other notices. If you provide Peasy with a cell phone number, then you consent to receive text messages from Peasy at that number, including any messages delivered from an automatic dialing system. You understand that text messages may assist in the provision of the Services. You agree that these electronic communications satisfy a