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City of Greeley Parking Services – Ticket Payment

Parking Ticket Payment Terms and Conditions

The following Terms and Conditions (“Agreement”) govern your (“payor”) account with the City of Greeley (“City” or “Greeley”), which account may be administered on behalf of the City of Greeley by its contractors/subcontractors. Without limiting the foregoing, please note that any email address or phone number provided in this Agreement may be administered on behalf of the City of Greeley by its contractors/subcontractors. If you have any questions about the information listed in this Agreement, please contact customer service at parking@greeleygov.com. By using the Passport Labs, Inc. website or app, and using any services under the City of Greeley Parking Program (collectively the “Service”) and/or by paying for your parking ticket you agree (1) to be bound by this Agreement; (2) you are an individual person at least eighteen (18) years of age or you are the parent/legal guardian of the payor and have completed the guarantee execution lines below; (3) you possess the legal authority to create and/or enter into a legal binding obligation; and (4) your use of the Service and the City of Greeley parking services comply with the terms and conditions of this Agreement in addition to any obligations that are posted on the City of Greeley’s website. 

If payor suspects, discovers, or is notified of: (a) any actual or suspected unauthorized or accidental access, use, loss, or disclosure of their credit card information, Passport Parking ; or (b) any actual or suspected breach of any of payor’s computer, smartphone, password storage, or other information system or the systems of City that could reasonably be expected to either: (1) expose any City Data to such unauthorized or accidental access or use; or (2) cause harm, damage, or negatively affect the function or performance of City systems, network, or infrastructure (“Security Incident”) or unauthorized acquisition that compromises the security, confidentiality, or integrity of City Data (“Data Breach”), then payor will immediately send an email to the City’s Information Security Officer at ContactIT@greeleygov.com and customer service at parking@greeleygov.com , of such Security Incident or Data Breach, and in no event, later than 24 hours after end user suspects, discovers, or is notified of, such Security Incident or Data Breach.  End user will provide regular status reports to keep City apprised of the matter and will respond timely to additional requests for information from City.

Notification under this Section will include: (a) the known and reasonably ascertainable specific details of the Security Incident or Data Breach, including, but not limited to the date, the parking account affected or reasonably believed to have been affected, and the method and means (e.g. man-in-the-middle, denial-of-service, malware, ransomware, password attacks such as brute force, phishing, physical theft of hardware, cloud account hijacking, SQL code injection, domain name server hijacking, malicious cross-frame/Java Script, and exploited zero-day vulnerabilities)  of the Security Incident or Data Breach; (b) a thorough description of data that was acquired, accessed, or affected, or reasonably believed to have been acquired, accessed, or affected; and (c) the known and reasonably anticipatable effects of the Security Incident or Data Breach on City Data, including, but not limited to the likelihood that City Data has been or will be misused.

At its sole expense, end user will promptly take all reasonable corrective actions requested by the City and will cooperate with City in all ongoing, reasonable, and lawful efforts to mitigate or rectify such Security Incident or Data Breach (including, without limitation, cooperation in complying with applicable breach notification laws).

User Conduct and Compliance

All patrons and account holders shall follow the rules and regulations as outlined in this Agreement, Greeley’s Municipal Code and code of conduct found on the Parking Services website while using the City of Greeley’s property and parking facilities. The Parking Ordinance and Customer Code of Conduct can be found at www.greeleygov.com/parking. The account holder is responsible for continued compliance with this Agreement. In the event that Parking Services determines, in its sole discretion, that the account holder’s conduct has violated this Agreement, municipal code or any policies outlined at www.greeleygov.com/parking, or has been unlawful in any way, Parking Services reserves the right to seek all available legal and equitable remedies.

Account Communication

Any communication regarding the permit parking account may be transmitted with the account holder either electronically, by phone or by mail via the registered email address, phone number or mailing address, respectively.

Indemnification and Release

Payor shall indemnify and save harmless City, its agents, servants, and employees from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers (“Losses”) arising out of, relating to, or resulting from any third party claim, suit, petition, action, or proceeding  (each, an “Action”) that arises out of, relates to, or results from the Service, any act or omission payor takes or forebears in relation to Passport Parking, Inc. and its services, payor’s payment of their parking ticket, this Agreement, and the City’s performance hereunder.

In addition, but not in such a manner as to work a double recovery, to other remedies set forth in this Agreement, payor will indemnify and hold City harmless from and against any and all losses, damages, liabilities, claims, disputes, judgments, settlements, costs, and expenses of any nature whatsoever (including, without limitation, reasonable fees and disbursements for attorneys and other professional advisors, expert witnesses, court costs, any breach notification costs, credit monitoring, and costs associated with a call center) that in whole or in part arises out of, occurs in connection with, relates to, or results from a Security Incident, Data Breach, or other event described in the Section entitled Account Information.

Subject to the requirements of applicable law, the City does not warrant the Service as fit for any purpose, nor does City warrant the safety of the data provided to the City through the Service.  Payor releases City from any and all losses, damages, liabilities, deficiencies, actions, judgments, bodily injuries, real property damage, personal property damage, interest, awards, penalties, fines, costs, or expenses arising out of, relating to, or resulting from the Service, this Agreement, payor’s payment of their parking ticket, and the City’s performance of services hereunder, brought under any theory of recovery or form of relief.

Governmental Immunity

No term or condition of this License shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections and limitations of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as now or hereafter amended, which shall govern the payor and City’s obligations hereunder in the event of conflict with any other applicable law, and the City hereby expressly reserves the same.

Assignment

This Agreement and any parking permit granted hereunder shall not be assignable by payor, and any purported assignments shall be void. Except as so restricted, this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, and successors of payor and the City.

Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. Any legal suit, action, or proceeding arising out of or related to this Agreement or any parking permit granted hereunder will be instituted exclusively in the 19th Judicial District of the State of Colorado, located in the City of Greeley and County of Weld. Payor and City irrevocably submit to the exclusive jurisdiction of such court in any such suit, action, or proceeding. Payor and the City agree any action so commenced shall be maintained and remain exclusively in the aforementioned courts and any courts having appellate jurisdiction over them.

Compliance with Laws

In using any parking permit granted hereunder, the payor will comply at its sole cost and expense with all applicable federal, state, county, and municipal laws, statutes, rules, regulations and ordinances.

Survival

The rights and obligations of the payor and City set forth in this Section  and the Sections entitled “Account Information,” “Indemnification and Release,” “Governmental Immunity,” “Assignment,” “Governing Law,” “Permit Cancellation,” and any right or obligation of payor and City in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.

Severability

If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the payor and City shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible.