Limitations on Liability; Dispute Resolution; Indemnification and Release
(Last Updated Date: January, 2026)
STREET PARKING, Inc., together with its affiliates (hereafter “STREET PARKING”, “our,” “we,” or “us”) have adopted certain rules and policies (“Rules and Policies”) thatapply to our websites, mobile applications, social media sites, physical locations and premises, and any online or offline events or activities that we organize or host through or in connection with the foregoing (collectively, our “Platform”). We also have Rules and Policies that govern the distribution and sale of our products and services (see“General Terms and Conditions”).
By visiting and using the Platform, you consent to and agree to abide by all of our Rules and Policies, which include but are not limited to the following documents, which are incorporated by reference herein for all purposes:
- General Terms and Conditions (last revised January, 2026)
- Privacy Statement (last revised January, 2026)
- Product Warranty (last revised January, 2026)
- Limitations on Liability; Dispute Resolution; Indemnification and Release (last revised January, 2026)
Compliance with other Rules and Policies. You acknowledge that you have read and agree to the terms of our other Rules and Policies. We may change any of our Rules and Policies at any time. If we make material changes, we will notify you either by posting the changed rules and policies on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of the affected Rules and Policies. If we let you know of changes through an email communication, then the date on which the email is sent shall be the deemed to be the date of your receipt of that email.
It’s important that you review all changes to any Rules and Policies. If you do not wish to agree to any changes to the Rules and Policies, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate any STREET PARKING account(s) you may have by providing us with your notice of termination (see Contact Us). Your continued use of the Platform after such changes are posted will constitute your agreement to such amended Rules and Policies.
Dispute Resolution
This section describes how we will resolve any dispute, claim, or controversy between you and STREET PARKING that arises out of or relates in any way to our Rules and Policies, the Platform (including any Activities as defined below), or any products and services you purchase or use from us, including but not limited to any dispute concerning the scope or enforceability of this Dispute Resolution section (collectively, a "Dispute"). This Dispute Resolution section is intended to be interpreted broadly and, to the fullest extent permitted by law, applies to all Disputes whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the Dispute arose.
By using the Platform, creating an account, purchasing or using any of our products and services, participating in any Activity, or otherwise agreeing to our Rules and Policies, you and STREET PARKING agree that, except as expressly provided below under "Small Claims Court Option" and "Exceptions to Arbitration," any Dispute will be resolved by binding individual arbitration and not in a court of law. You and STREET PARKING further agree that this agreement to arbitrate is made in exchange for the mutual promises to arbitrate Disputes and constitutes a transaction in interstate commerce.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND STREET PARKING AGREE THAT (1) 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, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING; AND (3) THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
Pre-Arbitration Notice and Informal Resolution. Before either you or STREET PARKING initiates arbitration, the party seeking to initiate a Dispute must first send to the other party a written Notice of Dispute that includes: (a) the claimant's name, mailing address, and email address; (b) a description of the nature and basis of the claim or dispute; and (c) a statement of the specific relief sought. You must send your Notice of Dispute to STREET PARKING at the postal address listed under "Questions and Comments" below, with a copy by email to [email protected]. We will send any Notice of Dispute to you at the email address associated with your account or, if none, at any other contact information you have provided or that we reasonably identify in the course of our relationship with you.
After a Notice of Dispute is received, the parties shall use good faith efforts to resolve the Dispute informally. If you and STREET PARKING do not reach an agreement to resolve the Dispute within sixty (60) days after the Notice of Dispute is received, either party may commence arbitration in accordance with this Dispute Resolution section. The parties may agree to extend this informal resolution period by mutual written agreement, and the arbitrator may consider whether a party failed to negotiate in good faith when allocating costs and fees.
Arbitration Administrator and Rules. To the fullest extent permitted by law, any arbitration between you and STREET PARKING shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by this Dispute Resolution section. The AAA Rules are available at www.adr.org or by calling AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, the parties shall select another reputable arbitration provider that is willing to do so, or, if the parties are unable to agree, the court shall appoint an arbitration provider pursuant to 9 U.S.C. § 5 (or any analogous state law provision).
Commencing Arbitration; Governing Law.To initiate arbitration, a party must file a Demand for Arbitration with the arbitration administrator and serve the other party as required by the AAA Rules. Unless otherwise required by applicable law, the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Dispute Resolution section, including the agreement to arbitrate and the class action waiver, and not any state law regarding arbitration. In all other respects, and except as preempted by the FAA, the laws of the State of Washington, without regard to its conflict of laws rules, shall govern the Rules and Policies and any Dispute.
Small Claims Court Option. Notwithstanding the agreement to binding arbitration set forth above, either you or STREET PARKING may bring an individual action in a small claims court of competent jurisdiction (including, for example, a small claims court in the county where you reside or in Clark County, Washington), so long as the claim is within that court's jurisdictional limits and is brought on an individual basis only and not as a class, collective, consolidated, or representative action.
Class, Collective, and Representative Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND STREET PARKING AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS DISPUTE RESOLUTION SECTION WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR STREET PARKING MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND STREET PARKING AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR PARTY, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
Exceptions to Arbitration. Notwithstanding anything to the contrary in this Dispute Resolution section, you and STREET PARKING each retain the right: (a) to seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction, including to protect intellectual property rights, confidential information, or the security and integrity of the Platform; and (b) to enforce an arbitration award in any court of competent jurisdiction. Seeking such relief shall not be deemed a waiver of the right to arbitrate under this Dispute Resolution section.
Arbitration Location; Remote Hearings. If you are a resident of the United States, any in-person arbitration hearing shall take place in Clark County, Washington, unless you and STREET PARKING agree otherwise or the arbitrator determines that a different location is required by applicable law or is necessary to ensure that arbitration is not cost-prohibitive for you. If you are a resident of a country other than the United States, the arbitrator shall determine a reasonable location for the hearing. To the fullest extent permitted by the applicable arbitration rules, the parties and the arbitrator may agree to conduct arbitration proceedings (including hearings) by telephone, video conference, or other remote means, and STREET PARKING agrees to consent to your request for a remote hearing where reasonably practicable.
Arbitration Fees and Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, subject to the following modifications. If you are required to pay a filing fee to commence an arbitration against STREET PARKING, then, upon your written request and to the extent required by applicable law or the AAA Rules, STREET PARKING will reimburse your payment of the filing fee after it is paid, unless the arbitrator determines that your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) or any analogous state rule). Except as otherwise provided in the AAA Rules or this Dispute Resolution section, each party shall bear its own attorneys' fees and costs. However, the arbitrator may award fees and costs, including reasonable attorneys' fees, to the prevailing party to the extent permitted by applicable law, the AAA Rules, or any applicable statute, and subject to the limitations on damages and liability set forth in this document.
Time Limits for Bringing a Dispute. Consistent with the "Time Limitation on Claims and Causes of Action" in our General Terms and Conditions, you agree that regardless of any statute or law to the contrary, any Dispute must be filed in small claims court or in an arbitration proceeding (or, where permitted under this Dispute Resolution section, in a court of competent jurisdiction) within one (1) year after such Dispute arose or it will be forever barred. The arbitrator shall apply this one (1) year limitation period and any other time limitations and conditions set forth in our Rules and Policies.
Arbitrator's Authority and Remedies. The arbitrator shall have the exclusive authority to resolve all Disputes subject to arbitration under this Dispute Resolution section, including, without limitation, any Dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this Dispute Resolution section is void or voidable, and any Dispute regarding the existence, scope, or validity of the class, collective, and representative action waiver. The arbitrator shall have the authority to grant any remedy that would be available in a court of competent jurisdiction under applicable law, subject to the limitations of liability, exclusions of damages, releases, indemnification obligations, and other limitations and disclaimers set forth in our Rules and Policies, which the arbitrator shall enforce to the fullest extent permitted by law.
Delegation Provision. To the fullest extent permitted by law, you and STREET PARKING agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section, including but not limited to any claim that all or any part of this Dispute Resolution section is void or voidable, or that it conflicts with any other provision of our Rules and Policies. This Delegation Provision shall be enforced under the FAA.
Severability of Dispute Resolution Provisions. If any provision of this Dispute Resolution section (other than the Class, Collective, and Representative Action Waiver) is found by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall be enforced to the fullest extent permitted by law so as to give effect to the parties' intent. If the Class, Collective, and Representative Action Waiver is found to be invalid, unenforceable, or unlawful as to a particular claim or request for relief, then, to that extent, this entire agreement to arbitrate shall be null and void as to such claim or request for relief only, and such claim or request for relief shall proceed in a court of competent jurisdiction, but shall be stayed pending resolution of any remaining claims or requests for relief in arbitration. Under no circumstances shall any arbitration be conducted on a class, collective, consolidated, private attorney general, or representative basis.
Survival of Dispute Resolution Section. This Dispute Resolution section, including the agreement to arbitrate, the class, collective, and representative action waiver, the Delegation Provision, and the time limitations for bringing Disputes, shall survive any termination of your relationship with STREET PARKING, any termination or suspension of your account, and any termination or expiration of any of our Rules and Policies.
Health and Activity Disclaimer; Assumption of Risk; Release
STREET PARKING is a program promoting fitness through physical activity and nutrition (the “Program”). There is an inherent risk of injury or illness, up to and including death, from participation in any physical exercise, sport, wellness, recreational activity, diet, or nutritional program. STREET PARKING’s Program has not been approved by any medical or nutrition professional. Members are strongly encouraged to consult with a physician and/or nutritionist before undertaking STREET PARKING’s Program. Participation in all aspects of STREET PARKING’s Program is voluntary in all respects.
By using the Platform, you acknowledge and agree to the following:
- You hereby fully release and discharge STREET PARKING, its parent and affiliated companies, and each of their respective past, present, and future owners, officers, directors, employees, contractors, agents, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, and causes of action for injuries or illness (including death), damages, or loss which you may have on account of participation in any aspect of the Program, any Activity (as defined below), or your use of the Platform. This is a complete and irrevocable release and waiver of liability to the fullest extent permitted by law. Specifically and without limitation, you agree to release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ ordinary negligence, except to the extent such a release is prohibited by applicable law.
- You covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.
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You further agree to indemnify, hold harmless, and defend the Released Parties from any and all claims resulting from injuries or illness (including death), damages or loss, including, but not limited to, attorneys’ fees, sustained by you or any third party arising out of, connected with, or in any way associated with the Program, any Activity, or your use of the Platform.
- You have been advised by STREET PARKING to consult with a physician before undertaking any physical activity or nutrition program associated with STREET PARKING.
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You certify that you are in good health and sufficient physical condition to properly participate in the Program and any Activities and to use the Platform safely.
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You expressly agree that this Release (including the assumption of risk, waiver, and indemnity provisions) is intended to be as broad and inclusive as permitted under Washington law and that if any portion is held invalid, the remaining portions shall remain in full force and effect, consistent with the severability provisions of our Rules and Policies.
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You agree that this Release is binding upon you, your heirs, executors, administrators, personal representatives, and anyone else entitled to act on your behalf or assert a claim through you.
Disclaimer of Warranties and Limitation of Liability
In addition to the following, STREET PARKING has a separate limited warranty for its products and services (see Product Warranty).
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE PLATFORM AND ANY PRODUCTS AND SERVICES AND OTHER SERVICES ON THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND ALL PRODUCTS AND SERVICES AND OTHER SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY PRODUCTS AND SERVICES OR SERVICES ON THE PLATFORM OTHER THAN AS EXPRESSLY SET FORTH IN OUR PRODUCT WARRANTY, IF APPLICABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE PLATFORM.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREET PARKING, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PARTIES”, WHICH ARE INCLUDED WITHIN THE DEFINED TERM “RELEASED PARTIES” ABOVE) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, ANY PRODUCTS AND SERVICES OR OTHER SERVICES, ANY ACTIVITIES, OR ANY INFORMATION, CONTENT, OR FUNCTIONS THEREOF, WHETHER GENERATED BY THE PLATFORM, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE PLATFORM (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION), EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PLATFORM, ANY ACTIVITIES, OR YOUR USE OF ANY OF OUR PRODUCTS AND SERVICES OR OTHER SERVICES SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE AMOUNT YOU HAVE PAID FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT OR TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
Indemnification. You shall indemnify, defend and hold STREET PARKING and the other Released Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by any of them in connection with any claims arising out of, based upon or resulting from (a) your participation in or use of the Platform, the Program, any Activity, or any products and services, (b) any breach by you of our Rules and Policies, or (c) any use of your account or log-in credentials by you or by a third party using your log-in (whether or not authorized by you). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Indemnification and Release for Meetups and other Activities. In the event that you organize, host, conduct or arrange to participate in a “meetup” or other event, training, workout, challenge, gathering, or activity that utilizes, is based on, or references any aspect of STREET PARKING’s Program, Platform, or products and services (an “Activity”), you acknowledge and agree that (a) such Activities are member- or user-organized events and are not sponsored, supervised, controlled, or staffed by STREET PARKING unless we expressly state otherwise in writing, and (b) you are not, by virtue of organizing or participating in any Activity, an employee, agent, or representative of STREET PARKING.
Without limiting the generality of the foregoing indemnity, you agree to indemnify, defend and hold STREET PARKING and the other Released Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by any of them in connection with any claims arising out of, based upon or resulting from any Activity that you organize, host, conduct, or otherwise arrange or promote, including any claims brought by participants, spectators, property owners, or any third parties.
Additionally, you further agree to fully release and hold harmless from all liability and promise not to sue STREET PARKING and the other Released Parties, including for claims of the Released Parties’ ordinary negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss that you or any participant may suffer because of your or their participation in any Activity, including but not limited to travel to and from such Activity, except to the extent such a release is prohibited by applicable law.
If you organize, host, conduct, or arrange any Activity, you further agree to use good faith efforts to obtain a written activity release from each participant prior to participation in any Activity, in substantially the form of our then-current standard form of Release Agreement (or such other form of waiver or release as we may designate from time to time), and to maintain such releases for a reasonable period consistent with applicable statutes of limitation.
Questions and Comments. If you’d like to provide feedback to us about any of our Rules or Policies, or if you have any questions, please contact us at the address of our headquarters provided below: