PARKNUMA
END USER TERMS OF USE
A Service of Karascope LLC

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PARKNUMA PLATFORM AND SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

THESE TERMS REQUIRE YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS IN SECTION 13.

Parknuma is a parking management software platform operated by Karascope LLC, a Missouri limited liability company ("Parknuma," "we," "us," or "our"). These End User Terms of Use (these "Terms") govern your access to and use of the Parknuma website, mobile applications (iOS and Android), APIs, and related services (collectively, the "Services").

We are a technology company. We do not own, operate, or maintain any parking facility. While our platform provides technology tools that assist Parking Operators with enforcement-related activities—such as unauthorized vehicle reporting, parking auditing, fee and penalty assignment, and automated notifications to towing providers designated by the Parking Operator—Parknuma does not itself physically enforce parking rules, tow or remove vehicles, or direct or control any physical enforcement actions. All enforcement decisions and physical enforcement activities are the sole responsibility of the applicable Parking Operator or their designated service providers. Parking facilities are owned and operated by third-party property owners, managers, or operators ("Parking Operators"). All parking rules, regulations, and restrictions are established and enforced by the applicable Parking Operator or governing authority, not by Parknuma. Parking restrictions (including signage, barricades, cones, and other traffic control mechanisms) take precedence over any information you receive from Parknuma. Your use of the Services does not excuse you from following applicable parking rules and restrictions.

If you represent a property, property management company, parking facility, or other organization utilizing our parking management services, our separate Customer Terms of Service governs our provision of services to you.

1. Agreement to Terms

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy located at https://app.parknuma.com/privacy. If you do not agree to these Terms, you must not access or use the Services. In addition, when using certain features of the Services, you will be subject to additional terms applicable to such features that may be posted on or within the Services from time to time, including our Parking Program Terms located at https://app.parknuma.com/terms-parking-program (the "Parking Program Terms"), which govern reservations, monthly parking plans, parking permits, cancellation and no-show policies, grace periods, and other program-specific terms and conditions. Such additional terms are hereby incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any additional terms, the additional terms will control with respect to the applicable feature or service. We may modify these Terms from time to time. Changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions or made for legal reasons may be effective immediately. Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms.

2. Account Registration and Eligibility

2.1 Eligibility

No one under sixteen (16) years of age is permitted to create an account or use the Services. If you are under eighteen (18) years old or under the age of majority in your jurisdiction, you confirm that you have obtained consent from your parent or legal guardian.

2.2 Registration

You may be required to register to access certain features of the Services. If you register, you agree to provide and maintain true, accurate, current, and complete information about yourself. Your account is personal to you and may not be shared with third parties.

2.3 Account Security

You are responsible for maintaining the confidentiality of your password and account credentials and for all activities that occur under your account. You agree to (a) immediately notify Parknuma of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Parknuma will not be liable for any loss or damage arising from your failure to comply with this section.

2.4 Account Verification

Parknuma reserves the right, directly or through third parties, to make inquiries or request information it considers necessary to validate your identity, including but not limited to asking you to provide a government-issued identification document or other verification materials. You agree to cooperate with any such requests. Parknuma reserves the right to close, suspend, or limit access to your account and/or the Services in the event it is unable to obtain or verify such information to its reasonable satisfaction.

3. Platform Disclaimer; Not a Parking Operator

PARKNUMA IS A TECHNOLOGY PLATFORM ONLY. PARKNUMA DOES NOT OWN, OPERATE, MANAGE, OR CONTROL ANY PARKING FACILITY, LOT, GARAGE, OR SPACE. WHILE THE PARKNUMA PLATFORM PROVIDES TECHNOLOGY TOOLS THAT ASSIST PARKING OPERATORS WITH ENFORCEMENT-RELATED ACTIVITIES (SUCH AS UNAUTHORIZED VEHICLE REPORTING, PARKING AUDITING, FEE AND PENALTY ASSIGNMENT, AND AUTOMATED NOTIFICATIONS TO PARKING OPERATOR-DESIGNATED TOWING PROVIDERS), PARKNUMA DOES NOT ITSELF PHYSICALLY ENFORCE PARKING RULES, TOW OR REMOVE VEHICLES, OR DIRECT OR CONTROL ANY PHYSICAL ENFORCEMENT ACTIONS. ALL ENFORCEMENT DECISIONS AND PHYSICAL ENFORCEMENT ACTIVITIES ARE THE SOLE RESPONSIBILITY OF THE APPLICABLE PARKING OPERATOR OR THEIR DESIGNATED SERVICE PROVIDERS. PARKING OPERATORS ARE THIRD PARTIES AND NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF PARKNUMA. ALL PARKING RULES, REGULATIONS, RESTRICTIONS, AND TERMS OF USE ARE ESTABLISHED AND ENFORCED SOLELY BY THE APPLICABLE PARKING OPERATOR OR GOVERNING AUTHORITY.

PARKNUMA IS NOT RESPONSIBLE OR LIABLE FOR: (A) THE SERVICES OFFERED BY ANY PARKING FACILITY OR PARKING OPERATOR; (B) THE AVAILABILITY, CONDITION, SAFETY, LEGALITY, OR SUITABILITY OF ANY PARKING SPACE; (C) THE ACCURACY OR COMPLETENESS OF ANY LISTING, PRICING, OR AVAILABILITY INFORMATION; OR (D) THE ACTS OR OMISSIONS OF ANY PARKING OPERATOR, OTHER USER, OR THIRD PARTY.

4. Use of Services

4.1 Limited License

Subject to your compliance with these Terms, Parknuma grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved.

4.2 User Conduct

You are solely responsible for all content you upload, post, or transmit through the Services. You agree not to use the Services to: (a) upload any content that infringes any intellectual property or privacy rights; (b) upload content containing viruses, malware, or other harmful code; (c) interfere with or disrupt the Services or any connected servers or networks; (d) violate any applicable law or regulation; (e) harvest or collect information about other users without consent; (f) use the Services to circumvent the Services themselves (e.g., to contract for parking found via the Services outside of the Services, or to use a parking spot without paying through the Services); (g) use a booked parking spot for purposes other than temporary vehicle storage, live in a vehicle while parked, damage neighboring vehicles or the facility, or perform vehicle maintenance without prior consent; (h) obtain or attempt to access materials through any means not intentionally made available; (i) misrepresent your identity or authorization; or (j) access or use the Services to build a competing service.

4.3 Content Use Restrictions

You will not monitor, gather, copy, or distribute any content on the Services by using any robot, spider, scraper, or other automated means. You will not frame or utilize framing techniques to enclose any content. You will keep intact all trademark, copyright, and intellectual property notices. You will not use content in a manner suggesting unauthorized association with Parknuma.

5. Your Parking Responsibilities

5.1 Compliance with Rules

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS, REGULATIONS, AND RULES ESTABLISHED BY THE PARKING FACILITY OR GOVERNING AUTHORITY WHERE YOUR VEHICLE IS PARKED. THIS INCLUDES, WITHOUT LIMITATION, RULES AND RESTRICTIONS COMMUNICATED THROUGH POSTED SIGNAGE AT THE FACILITY, PROVISIONS IN YOUR LEASE AGREEMENT OR OTHER CONTRACT WITH THE PROPERTY OWNER OR MANAGER, PARKING REGULATIONS OR GUIDELINES DISPLAYED ON THE PARKNUMA PLATFORM AS PART OF THE FACILITY'S INFORMATION DURING YOUR REGISTRATION OR PERMIT ACTIVATION PROCESS, AND ANY OTHER RULES OR POLICIES ESTABLISHED BY THE PARKING OPERATOR. YOUR USE OF THE SERVICES DOES NOT EXCUSE YOU FROM FOLLOWING APPLICABLE PARKING RULES AND RESTRICTIONS, REGARDLESS OF THE SOURCE OR FORMAT IN WHICH THEY ARE COMMUNICATED TO YOU.

5.2 Vehicle and Session Information

You are responsible for ensuring that all information related to your parking session is entered correctly, including the relevant facility, zone, vehicle, license plate number, phone number (if applicable), and payment method. By entering information about any vehicle, you represent and warrant that you are legally authorized to share such information, that any operator of the vehicle is properly licensed and insured, and that the vehicle is registered and insured as required by law.

5.3 Accurate Account Information

You are responsible for ensuring that your account information remains accurate, including information related to yourself, relevant vehicles, and payment methods. Parknuma is not liable for erroneous or invalid information provided by you. You are responsible for informing Parknuma if you believe an unauthorized person has gained access to your credentials, your payment method has been lost or stolen, or your registered vehicle has been sold or deregistered.

5.4 Service Unavailability

If the Services are not available or out of function (e.g., due to your mobile phone, technical equipment, or internet disruption), you are responsible for making proper payment for parking in any other way instructed by the parking facility. If you fail to make payment through alternative means, you assume the risk of being issued a parking fine, fee, or charge. You are responsible for payment of any parking fine, fee, or charge to the relevant parking facility or enforcement authority.

5.5 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY PARKING FACILITY IS AT YOUR SOLE RISK. PARKNUMA DOES NOT INSPECT, CONTROL, OR GUARANTEE THE SAFETY, CONDITION, LEGALITY, OR SUITABILITY OF ANY PARKING SPACE. YOU ARE SOLELY RESPONSIBLE FOR YOUR VEHICLE AND ANY PERSONAL PROPERTY LEFT THEREIN. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING RISKS ASSOCIATED WITH PARKING (INCLUDING CAR INSURANCE MEETING APPLICABLE STATUTORY REQUIREMENTS) AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

5.6 User Disputes

You are solely responsible for your interactions with other users, Parking Operators, and third parties in connection with the Services. Parknuma is not affiliated with any Parking Operator and will have no liability or responsibility with respect to such interactions. Parknuma reserves the right, but has no obligation, to become involved in such disputes. Any dispute with a Parking Operator, employer, property manager, homeowners association, or other third party is directly between you and such party, and you irrevocably release Parknuma from all claims, demands, and damages arising out of such disputes.

6. Automated License Plate Recognition (ALPR)

Certain parking facilities that use the Parknuma Platform may utilize automated license plate recognition technology for parking management, access control, and enforcement. ALPR data collected may include license plate numbers, images, timestamps, and location information. This data is collected and used on behalf of the applicable Parking Operator in accordance with applicable law. Parknuma will not sell ALPR data or use it for purposes unrelated to the Services. If you have questions about ALPR data collection at a specific facility, please contact the Parking Operator.

7. Payments and Charges

7.1 Charges

Use of the Services may result in charges for parking services received. Charges will be inclusive of applicable taxes where required by law and may include processing fees. All charges will be processed using the payment method designated in your account. Charges paid are final and non-refundable, unless otherwise determined by Parknuma or the applicable Parking Operator.

7.2 Payment Processing

Parknuma acts as a limited payment collection agent on behalf of the applicable Parking Operator for the sole purpose of collecting parking fees from you. Payment through the Services shall be considered the same as payment made directly to the Parking Operator. Payments are processed through Stripe, Inc. and its affiliated entities. By using the Services to make payments, you consent to Parknuma providing payment information to Stripe and acknowledge Stripe's terms of service and privacy policy.

7.3 Payment Method

You represent and warrant that your payment method is accurate and up-to-date and that you are authorized to use it. You will promptly update your account with any changes. If your primary payment method is expired, invalid, or unable to be charged, you agree that we may use a secondary payment method in your account, if available. Unless you notify Parknuma of any billing discrepancies within thirty (30) days, you agree they will be deemed accepted.

7.4 Cancellations and Refunds

Cancellations, refunds, and no-show policies are governed by the Parking Program Terms and the policies of the applicable Parking Operator. Specific terms regarding cancellation windows, grace periods, penalties, and refund eligibility will be presented to you at the time of booking a reservation, activating a parking permit, or enrolling in a monthly parking plan, and you agree to such terms as a condition of the applicable transaction. Except as expressly stated otherwise, some charges may not be refundable, and exceptions are at the sole discretion of the Parking Operator and/or Parknuma. Reservations do not guarantee the availability of a specific parking space or that a space will be physically unoccupied upon your arrival; Parknuma is not liable for unavailability caused by unauthorized vehicles or other circumstances beyond its control.

8. SMS and Text Messaging

8.1 SMS Services

Parknuma may send you SMS text messages for purposes such as account verification, parking session notifications, expiration reminders, and other service-related communications. Message frequency will vary depending on your activity.

8.2 Consent

By providing your phone number and enabling SMS notifications, you expressly consent to receive automated text messages from Parknuma and its messaging providers. Standard message and data rates may apply. You are not required to opt in to SMS as a condition of using the Services.

8.3 Opt-Out

You may opt out of SMS messages at any time by replying STOP to any message. A one-time confirmation may be sent. For help, reply HELP or contact Parknuma support. SMS opt-in data and consent will not be shared with third parties for marketing purposes.

8.4 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Parknuma is not responsible for messages delayed, lost, or undelivered due to carrier or network issues.

9. Mobile Applications and Network Access

9.1 Mobile Applications

Parknuma may offer mobile applications through the Apple App Store, Google Play Store, or other distribution channels. These Terms are between you and Parknuma only, and not with any distribution channel.

9.2 Network and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile carrier's data and messaging rates may apply. You are responsible for acquiring and updating compatible devices. Parknuma does not guarantee the Services will function on any particular device. The Services may be subject to malfunctions and delays inherent in internet and electronic communications.

9.3 Apple-Specific Terms

For Software made available in connection with Apple-branded products: (a) Apple Inc. is not responsible for the Services; (b) Apple has no obligation to provide maintenance or support; (c) Apple is not responsible for addressing any claims relating to the Services; (d) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to Apple-distributed software; and (e) you represent that you are not located in a country subject to a U.S. Government embargo.

10. Intellectual Property

10.1 Parknuma IP

The Services and all content therein (including software, text, graphics, logos, images, and designs) are owned by or licensed to Parknuma and are protected by copyright, trademark, trade dress, patent, and other intellectual property laws of the United States and foreign countries. All right, title, and interest in and to the Services and such content is the property of Karascope LLC or its licensors. The Parknuma name, logos, and related marks are the property of Karascope LLC. You may not use the Parknuma name or any Parknuma logos, trade dress, or other proprietary indicia without our prior written consent.

10.2 User Content

With respect to content you upload through the Services, you represent and warrant that you own all right, title, and interest therein. By uploading content, you grant Parknuma a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your content in connection with the operation of the Services.

10.3 Feedback

Any questions, comments, suggestions, ideas, or feedback you provide to Parknuma are non-confidential and Parknuma is entitled to unrestricted use and dissemination for any purpose, without acknowledgment or compensation.

11. Third-Party Services and Links

The Services may contain links to or integrations with third-party websites, services, or resources not owned or controlled by Parknuma. Parknuma has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party services. You access third-party services at your own risk. Parknuma disclaims any and all responsibility or liability for any harm resulting from your use of third-party services.

12. Disclaimers, Indemnification, and Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PARKNUMA SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND TITLE. PARKNUMA MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS WILL BE CORRECTED. PARKNUMA DOES NOT WARRANT THE ACCURACY OF LOCATION DATA OR PARKING INFORMATION PROVIDED THROUGH THE SERVICES.

12.2 No Liability for Parking Facilities

PARKNUMA IS NOT LIABLE FOR: (A) THE CONDITION, SAFETY, LEGALITY, OR AVAILABILITY OF ANY PARKING FACILITY; (B) LOSS OR DAMAGE TO YOUR VEHICLE OR PERSONAL PROPERTY; (C) PARKING FINES, FEES, OR CHARGES FOR INCORRECT PARKING; (D) THE ACTS OR OMISSIONS OF ANY PARKING OPERATOR, USER, OR THIRD PARTY; (E) TOWING OR VEHICLE REMOVAL ACTIVITIES; OR (F) ANY DISPUTE BETWEEN YOU AND A PARKING OPERATOR OR OTHER USER. PARKNUMA IS FURTHER NOT LIABLE FOR DAMAGE OR LOSS CAUSED BY: YOUR FAULT OR NEGLIGENCE; INCORRECT PARKING; ERROR OR INSUFFICIENT FUNCTIONALITY OF YOUR DEVICE; FAILURE OR DELAY IN TELECOMMUNICATIONS OR INTERNET PROVIDED BY THIRD PARTIES; OR UNAUTHORIZED USE OF YOUR CREDENTIALS.

12.3 Indemnification

You agree to release, defend, indemnify, and hold harmless Parknuma and its affiliates, officers, directors, employees, agents, contractors, and representatives from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, and actions arising out of or relating to: (a) your access to or use of the Services; (b) your use of any parking facility; (c) your violation of these Terms; (d) your violation of any rights of another party; (e) any User Content you submit; or (f) your violation of any applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12.4 California Waiver

If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

12.5 Limitation of Aggregate Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PARKNUMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PARKNUMA IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

12.6 Exclusion of Consequential Damages

IN NO EVENT WILL PARKNUMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (E) LOSS OR DAMAGE TO YOUR VEHICLE OR PROPERTY AT ANY PARKING FACILITY; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.

12.7 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. The above limitations may not apply to you to the extent such jurisdiction's laws are applicable. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use.

13. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

13.1 Agreement to Arbitrate

You agree that any and all disputes or claims arising between you and Parknuma, whether arising out of or relating to these Terms, the Services, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with this Section, except that you may assert individual claims in small claims court if your claims qualify. By agreeing to these Terms, you and Parknuma are each waiving the right to a trial by jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

13.2 Class Action Waiver

YOU AND PARKNUMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PARKNUMA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). IF THE CLASS ACTION WAIVER IS FOUND INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

13.3 Pre-Arbitration Dispute Resolution

Before commencing arbitration, a party must first send a written Notice of Dispute to the other by certified mail. The Notice to Parknuma should be sent to: Karascope LLC, 117 S Lexington Street Ste 100, Harrisonville, Cass County, MO 64701. The Notice must (i) describe the nature and basis of the claim and (ii) set forth the specific relief sought. If the parties do not resolve the dispute within sixty (60) calendar days after receipt, either party may commence arbitration.

13.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's Consumer Arbitration Rules, as modified by this Agreement. If your claim is for $10,000 or less, you may choose whether the arbitration is conducted on the basis of documents, telephonically, or in person. If your claim exceeds $10,000, the format will be determined by the AAA Rules. The arbitrator will issue a reasoned written decision. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the value of relief sought is $25,000 or less, at your request, Parknuma will pay all arbitration fees. If you demonstrate that the costs would be prohibitive compared to litigation, Parknuma will pay as much as the arbitrator deems necessary.

13.6 Confidentiality

All aspects of the arbitration proceeding and any award will be strictly confidential.

13.7 Opt-Out

You may opt out of this Arbitration Agreement by sending written notice to Parknuma within thirty (30) days after first accepting these Terms, stating your first and last name and that you decline the Arbitration Agreement. Notices should be sent to [email protected] or to the mailing address above.

13.8 Time Limitation on Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

13.9 Small Claims Exception

Either party may bring qualifying claims in small claims court on an individual basis for disputes within the scope of such court's jurisdiction.

13.10 Future Changes

If Parknuma makes any future change to this Arbitration Agreement (other than a change to the notice address) while you are a user of the Services, you may reject such change by sending written notice within thirty (30) calendar days of the change. By rejecting a change, you agree to arbitrate disputes in accordance with the language of this section as of the date you first accepted these Terms.

14. Termination

You may stop using the Services at any time. Parknuma may suspend or terminate your account or access to the Services for any reason, including for lack of use, violation of these Terms, or suspected fraudulent, abusive, or illegal activity, without prior notice. Any suspected illegal activity may be referred to appropriate law enforcement authorities. Upon termination: (a) all rights and licenses granted to you will immediately cease; and (b) Parknuma may deactivate or delete your account and all related information and files. Parknuma will not be liable to you or any third party for any termination of your access to the Services.

15. General Provisions

15.1 Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. For any matters not subject to arbitration, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Missouri.

15.2 Entire Agreement

These Terms constitute the entire agreement between you and Parknuma and govern your use of the Services, superseding any prior agreements. You may also be subject to additional terms applicable to specific services. In the event of conflict, the additional terms control.

15.3 Waiver and Severability

If you do not comply with these Terms and we do not take action right away, this does not mean we are giving up any rights. If any provision is held invalid, the parties agree that the court should endeavor to give effect to the parties' intentions, and the remaining provisions remain in full force.

15.4 Assignment

You may not assign these Terms without Parknuma's prior written consent. Parknuma may assign or transfer these Terms, in whole or in part, without restriction.

15.5 No Agency

These Terms do not create any third-party beneficiary rights and do not create a partnership, joint venture, agency, or employment relationship between you and Parknuma.

15.6 Force Majeure

Parknuma will not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, government actions, flood, fire, earthquake, civil unrest, terrorism, strikes, pandemic, internet service provider failure, or denial of service attacks.

15.7 Electronic Communications

When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

15.8 Export Controls

You represent and warrant that you are not located in a country subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties.

15.9 California Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15.10 Protected Activity Not Prohibited

Nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state, or local government agency or commission, including but not limited to the Consumer Financial Protection Bureau, the Federal Trade Commission, the Department of Justice, applicable state attorneys general, or any other regulatory authority ("Protected Activity"). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, without giving notice to or receiving authorization from Parknuma. Notwithstanding the foregoing, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Parknuma confidential information to any parties other than the relevant government agencies.

16. Contact Information

If you have questions about these Terms, please contact us at:

Karascope LLC (d/b/a Parknuma)
117 S Lexington Street Ste 100
Harrisonville, Cass County, MO 64701
Email: [email protected]