Terms & Conditions

These terms of use are entered into by and between you and Express Parking LV (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Express Parking LV, including any content, functionality, and services offered on or through Express Parking LV (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://expressparkinglv.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions (collectively “United States”). By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://expressparkinglv.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: admin@expressparkinglv.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Express Parking LV, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent – which may be in the form of an e-mail message, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, Employees, AND THEIR RESPECTIVE AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our https://expressparkinglv.com/privacy-policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • Our designated copyright agent to receive DMCA Notices is:

Copyright Agent: Express Parking LV, 3735 N. Nellis Blvd STE 100, Las Vegas, NV 89115

Phone: (702) 334-4102
e-mail: admin@expressparkinglv.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy https://expressparkinglv.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services, made through the Website, or resulting from visits made by you, are governed by these Terms of Sale.

Trucker Terms

Application. These Trucker Terms apply to any person who drives vehicles and seeks a place to park that vehicle for a period of time (“Trucker”).

Searching. If you are a Trucker, you can search for a parking listing (“Listing”) by using criteria such as destination, dates, and parking area size. We may also make filters available to refine any search results.

Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, and any applicable fees including expressparkinglv.com’s service fee(s) if any, offline fees, taxes, and any other items identified during checkout (collectively, “Total Cost”). You are also agreeing that expressparkinglv.com may charge your selected payment method used to book the Listing in order to collect such amounts. When you receive the booking confirmation, a contract for parking area services (a “Reservation”) is formed directly between you and the parking area lister (“Employees”). In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.

Listing Reservations. A Listing Reservation is a limited license to enter, occupy, and use the Listing. The Employees retains the right to re-enter the Listing during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Employees, and (iii) consistent with applicable law. If you stay past your departure time, the Employees have the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.

Cancellations and Refunds. If you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. If the Employees cancels, you may be eligible for a partial or full refund. Different policies may apply to different Listings.

Cancellation Policy. Month-to-Month lease can be canceled at any time via a phone call to (702) 334-4102 or email to admin@expressparkinglv.com. The cancellation request must be at least 30 days in advance.

Reservation Changes. Truckers and Employees are responsible for any reservation changes they agree to make via the Express Parking LV platform and agree to pay any additional amounts, fees, or taxes associated with any such Reservation changes.

Trucker Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join you or provide access your vehicle. You are responsible for leaving a parking area in the condition it was in when you arrived. You are responsible for paying all reasonable amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a parking area and/or to any third-party property located on or about the parking area. You must comply with applicable laws at all times.

Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Express Parking LV platform, including your stay at any parking area, or any other interaction you have with other Express Parking LV members whether in person or online. It is your responsibility to investigate a Listing to determine whether it is suitable for you and your vehicle. Accordingly, you freely and willfully assume all risks by choosing to use our website and services.

Removal of Property. Trucker will remove all of its property from any Employees real property within thirty (30) days after Trucker is provided notice of such request by Employees. If Trucker fails to remove all of its property within such 30-day period, Employees shall be permitted to remove the property of such Trucker and Trucker agrees to reimburse Employees for all costs associated with the removal of such property done in accordance with the foregoing.

Employees Terms

Application. These Employees Terms apply to any person who owns, leases, rents, or otherwise has the legal right of access to real property for the purpose of allowing others to park their vehicles on such property (“Employees”).

Removal of Property. Employees must give Company and each applicable Trucker at least thirty (30) days’ notice if Employees requires the removal of any property of a Trucker from Employee’s real property. Employees will only be able to remove the property of a Trucker if a Trucker fails to remove the Trucker’s property within such 30-day period after Trucker is given such notice by Employees. Employees shall be entitled to reimbursement for all costs associated with the removal of a Trucker’s property if done in accordance with the foregoing.

Property Rules. If you are a Employees, you agree to these Terms of Service as well as the terms and conditions contained in the Express Parking LV Property Rules, appended hereto as Exhibit A.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send emails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Nevada in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, EMPLOYEES, OR THEIR RESPECTIVE AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH PROPERTY DAMAGE, THEFTS, INJURY, OR OTHER LOSSES SUFFERED WHILE PARKING AT A LOCATION, LISTED, RESERVED, OR PROCURED THROUGH THE WEBSITE, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, Employees, and their respective affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

This website is operated by Express Parking LV, 3735 N Nellis Blvd STE 100 Las Vegas, NV 89115.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: admin@expressparkinglv.com.

Our Property Lease & Property Rules

MONTH TO MONTH AGREEMENT FOR SERVICES, SPECIFIC RELEASE, AND COVENANT NOT TO SUE

This document  sets forth the terms of the “Agreement  for Services” entered into by the signing party (hereinafter  “customer”) and, all owners, Landlords and Express Parking it’s parent and subsidiary companies, employees, contractors, or affiliates (hereinafter “Express”); wherein customer is renting a small as is parking spot, located at 3715-3735  N. Nellis Rd, Las Vegas NV, APN # 14008601015 or our other locations, or properties with intentions of parking  a vehicle . This document also sets forth an agreement  for “Specific Release” and “Covenant Not To Sue” ‘Express’.

SPECIFIC RELEASE

Be it know, for good consideration, You jointly and severally hereby forever release, discharge and acquit, landlord, owner, operator and any representative of ‘Express’, from any and all contracts, claims, suits, actions or liabilities both in law and in equity specifically arising from, relating to or otherwise described as and not limited to any and all matters and relations of the two parties. This release applies only to the foregoing matters and extends to no other debt, account, agreement, obligations, cause of action, liability or undertaking by and between the parties, which, if existing, shall survive this release and remain in full force and effect and undisturbed by this specific release.(The undersigned at its cost carries its own property and liability full coverage insurance covering its property and  liability to all  its employees and  any  of its Representatives or any affiliates). Tenants shall not perform any acts that will increase or cancel ‘Express’ insurance. This agreement is month to month and shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. And may be cancelled upon 30 day notice.

COVENANT NOT TO SUE

For good and valuable consideration received, the undersigned being the holder of an actual, asserted or prospective claim against Express Parking, Its parent companies, employees, sub-contractor,affiliates or representatives arising from any agreement, product or service or the performance of duties. The customer hereby covenants that he/she shall not commence or maintain any suit thereon against said party whether at law or in equity provided nothing in this agreement constitutes a release of this or any other party thereto. This covenant shall be binding upon and inure to the benefit of the parties, their successors, assigns and executors, administrators, personal representatives and heirs.

LEGAL DISCLAIMER

Customer acknowledges that this is a Parking lot. Customers MUST provide their own insurance and parks at their own risk.

WAIVER OF LIABILITY

Client expressly waives any and all liability or claims, of any kind or nature and for any reason, even when ‘Express’ Is at fault, its representatives, agents, or employees relating to the rental or services rendered. ‘Express’ will not be responsible for any damage or missing property as result of renting a parking spot or from any services rendered.

AUTHORITY TO ACT

Customer grants ‘Express’ the authority to relocate a vehicle on property, or have it relocated when requested. Tenants will not take any action to impede ‘Express’ ability to relocate vehicles on the property.

By utilizing our services you agree to all terms of this “Agreement for Services”, “Specific Release”, and all additional rules and conditions posted on property existing and future updates, if necessary, parking locations may be changed and relocated, you also am responsible and shall buy full coverage Property and Liability insurance  and name ‘Express’ and property owners as additional insured. Lessee, leases parking space as is where-is, as designated by ‘Express’. When accessing the property at night or when closed, drivers must call the attendant  before entering. Storage of oil or chemicals of any kind are not allowed, Performing maintenance on vehicles in the lot if prohibited, no loitering, sleeping or occupancy. Tenants/users must secure the property upon leaving, and will be liable for any loss, theft, or damage caused by a failure of a tenant to re-secure the property.

Lessee agrees to pay the indicated amount per month, per unit. To be paid via direct bank deposit. All payments are due on the 1st of each month, there will be a $20.00 penalty applied on the 3rd, and $5.00 each day until balance is paid in full. In the event of non-payment parked equipment and property may be held by ‘Express’ until the balance is paid in full.

Park in designated areas only, occupy only one space per unit with a minimal amount of space between units. Encroaching on or blocking additional spaces will result in our moving your unit at your cost- $25-$250. and additional charges for spaces blocked by the lessee’s actions. You also agree to abide by conditions on back page (2),and Property rules addendum to this lease contract. It is also posted at the front gate, in the main office, and online.

Additional Contract Conditions and “Property  use Rules and conditions”

Lessee, its agent, employees, contractors, customers and any user  herby collectively referred to as- Lessee-, unconditionally agrees to comply and abide by the following use of any and all common areas including but not limited to Parking lots, buildings, areas, walkways, corridors, halls, service area, access ways, passageways, ramps, sidewalks, access roads, rest rooms, and all other common or public facilities and any and all areas determined by sole discretion of ‘Express’ to be common area, Lessee shall keep all above common areas at all times free and clear of any obstacles. Lessee by entering and or placing any of its property on the premises, herby indicates its unconditional agreement, approval and acceptance of all the following conditions and its use rules. Lessee shall and agrees to pay for any damages plus enforcement cost caused to any of above due to its negligence.

‘Express’, Landlords, owners, master Lessee, Operator and all their employees and agents, herby known as- ‘Express’- shall fully control, police and manage all above common areas and periodically and as needed impose additional or update rules and condition of Its use, without Lessee interference and without being subject to any liability or compensation for any and all of its nondiscriminatory acts deemed reasonable in ‘Express’s judgment. Lessee shall Carry complete full coverage personal and property insurance (BOP) and agree to the following but not limited to:

  1. Only park in areas designated to it, Lessee grants ‘Express’ the right without notice to tow any vehicle parked in any unauthorized area, and charge cost to Lessee.
  2. not park or block and keep, all areas clean at all times, (No debris), as well as common areas open, it’s visitors and clients to park only in Lessee designated space,
  3. Follow all code requirements, signage to be approved by management and no vehicle repairs anywhere, adhere to hours of operation as set by ‘Express’, no oil or chemicals storage, written approval for any storage.
  4. Solicitation and sales activities to customers are restricted to only in Lessee’s office or on its designated area only, no sales or solicitation in the common areas or interference with any other Lessee customers or clients.
  5. When Building Key or lot access code is Issued, Lessee shall be responsible to Lock & securing the property at all times when in and out , Lessee agrees to pay for any damages  caused to property or any of its other  tenants due to its negligence. Additionally, violators are required to pay management’s enforcement costs.
  6. Un-Authorized Repair work, storage, loitering, sleeping or occupancy not allowed.

Use of Premises. Building and or Parking, all lots and any adjoining lots and areas

It is agreed that during the term of this Lease and any extensions, the Premises shall be used for the operation of Lessee’s business only. (a) No Repairs, Storage or any activity other than parking.. (b)Lessee shall not do, or permit anything to be done, in, upon, or about the Premises that increases the fire hazard beyond that which would exist by reason of the ordinary use or occupancy of the Premises.  Lessee shall not do or permit to be done anything which will make uninsurable the Premises or any part thereof. (c)Lessee shall not do or permit to be done anything in, about, or upon the Premises that Interferes with the rights of, or tends to annoy other tenants of ‘Express’; that conflicts with State, City or Governmental laws or regulations; that create a nuisance; or that is dangerous to persons or property.  Lessee shall not sub lease or allow any of the tenants to sub lease.

Construction. Alterations and Improvements

Lessee shall not make any alterations, changes or improvements that will affect the integrity of the Premises without the prior written consent of ‘Express’. The cost of any alterations or improvements shall be paid by the lessee. The ‘Express’ shall retain the ownership of all improvements upon the termination or expiration of this Lease. Signs.  All signs advertising the business of Lessee subject to the approval of ‘Express’.

Enforcement 

Lessee and Violators shall pay all costs plus property’s management enforcement costs and charges.

Insurance

Lessee covenants to provide at its sole cost and expense, and to keep in force during the term, a comprehensive public liability policy which includes worker’s compensation of insurance protecting ‘Express’ and Lessee against any liability for injury to persons and/or property occurring in, or on, or about the Premises. Lessee covenants to carry such insurance in a solvent company or companies of recognized standing, licensed to do business in the state where Premises are located, in an amount no less than $1,000,000 Combined Single Limit in respect to any one occurrence.  Lessee shall provide ‘Express’ with a certificate evidencing insurance on the Premises. Additionally, Lessee shall also list the ‘Express’ as an additional loss payee.

Liability

The liability of the parties to this Agreement, as between themselves, for death, personal injury, and property loss and damage which occurs by reason of, or arises out of, or is incidental to, the use or occupancy by the Lessee of the Leasehold Premises covered by this Agreement, shall be determined in accordance with the following provisions regardless of considerations of fault or negligence:

(a)  Lessee shall be solely responsible for, and shall bear all costs, expense, and liability resulting in or from death, personal injury, and loss and damage to property caused solely by the acts or omissions of Lessee, or the agents or employees of Lessee, or by the violation by Lessee or its agents or employees of any of the terms of this Agreement, or by the acts or omissions of Lessee concurring with the negligence of a third party; and

(b)  Each of the parties shall obtain from their insurance carrier a waiver of rights of subrogation between the parties hereto (if applicable, a waiver by such party as may be self-insured).

Performance of lessee. The failure of the ‘Express’ to insist upon performance of any of the agreements and conditions herein in any one or more instances shall not be a waiver of the performance of such agreements and conditions. Receipt by the ‘Express’ of rent with knowledge of the breach of any of the agreements and conditions hereof shall not be deemed a waiver of such breach.

Environmental  Matters

Lessee will not allow on to the yard, equipment hauling any hazmat material or “Hazardous Material” Lessee agrees to indemnify and hold ‘Express’ harmless from all of the foregoing caused solely by the Lessee, the provisions of and undertakings of this indemnification set out in this paragraph shall survive the termination of the Agreement.  Lessee shall be solely responsible for the lawful containment and disposal of any Hazardous Materials or waste (including motor oil, anti-freeze, cleaning solutions, solvents, etc.) generated in association with Lessee’s use of the Premises. For the purpose of this Lease, “Hazardous Materials” means and includes any hazardous, toxic or dangerous waste, substance or material defined as such in (or for the purpose of) the CERCLA, any so-called “Superfund” or “Superliner” law, or any other federal, state or local law, ordinance, code, rule, regulation, order or decree regulating or relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or anytime hereinafter in effect.  Any Hazardous Materials brought onto the Premises or utilized on the Premises by Lessee shall be in compliance with applicable laws and regulations.

Right to Lien

Lessee additionally grants ‘Express’ a security interest in all equipment, inventory and all its real and personal property on premises such property shall not

be removed from premises without full payments due and satisfaction of ‘Express’, Lessee grants permission to ‘Express’ to lock and or enter and take possession of all lessees

property and after reasonable notice to lessee and offer it for sale to pay all amounts due.

INDEMNIFICATION OF ‘Express’

‘Express’ shall not be liable for any damage or injury to Lessee, or any other person to any property, occurring on the premises or any part thereof; and Lessee agrees to hold ‘Express’ harmless from any claims for damages, no matter how caused. If ‘Express’ shall bring or maintain any action or proceeding ( including assertion of any counterclaim or cross claim or claim in a proceedings in bankruptcy, receivership or any other proceeding instituted by a party hereto or by others) or otherwise refer this lease to an attorney for the enforcement of any of the terms, covenants, or conditions of this lease agreement, ‘Express’ shall, in addition to all other payments required herein, receive from tenant  lessee all the legal cost incurred by ‘Express’. Such legal ongoing cost to be paid by lessee on an ongoing basis, as charged to ‘Express’ and when due to be paid, (Lessee shall promptly reimburse ‘Express’ for the amount of any attorney’s fees, legal expenses, court cost and any other sums incurred by ‘Express’ in attempting to secure or obtain Lessee’s compliance with or performance of its obligations under this lease). Lessee additionally grants ‘Express’ a security interest in all equipment in operation or placed at the property, owned or leased by Lessee, its affiliates or others, its inventory and all its personal property on premises which shall not be removed from premises without full payments due and satisfaction of ‘Express’.

Disputes

In the event of a dispute which results in a suit or action between the parties, the prevailing party shall have and recover against the other party reasonable Attorneys’ fees and expenses.