Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and Wins. They apply when you visit winsparking.com or our other websites that link to these Terms; enter, park at or pass through a lot we own or manage; reserve parking or buy a permit; request a quote or use our estimate tools; call, text, email or chat with us or our AI assistants; or otherwise use our services (together, the "Services"). These Terms expressly cover online bookings and payments, parking reservations, and monthly parking and permits at the Gypsum yard and the Edwards Stone Yard.

By doing any of these things, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services and do not park at a lot we manage. If you accept for a company or other organization, you confirm that you have authority to bind it, and "you" includes it.

Please read Section 21 carefully. It requires mediation and then binding individual arbitration of most disputes, waives class actions and jury trials, and explains how to opt out of arbitration within 30 days.

"Wins," "we," "us" and "our" mean Wins Parking, LLC, a Colorado limited liability company located at 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632, together with its affiliates, subsidiaries, brands and trade names. These include Wins Parking; Wins Design & Build, our primary company, which designs, builds and manages parking and installs EV chargers; Park Graph, a QR code parking payment service operated by Wins Parking, LLC; and ChargingNear.me, an EV charger finder operated by Wins Parking, LLC.

Park Graph and ChargingNear.me have their own Terms and Privacy Policies, which govern and control for those services. If you use Park Graph, its Terms and Privacy Policy apply. If you use ChargingNear.me, its Terms and Privacy Policy apply. Where those documents are silent, this document fills the gap.

You must be at least 18 years old and able to form a binding contract to use the Services. You agree to give us true, accurate and complete information, including your name, phone number, email and vehicle details, and to keep it up to date.

If you create an account or receive a link, code or permit to manage a reservation, you are responsible for keeping it confidential and for everything done with it. Tell us right away at reserve@winsparking.com if you think it has been used without your permission. We may refuse service, cancel requests, or suspend or close accounts at our discretion, as described in Suspension and Termination.

Under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and Colorado's Uniform Electronic Transactions Act, you agree that we may provide these Terms, receipts, notices, disclosures, permits, quotes, contracts and other records electronically, by posting them on our websites or sending them by email or text. You agree that clicking a button, checking a box, typing your name, or completing a payment is your electronic signature and has the same effect as a handwritten signature.

To receive and keep electronic records, you need a device with internet access, a current web browser, an email account, and the ability to view or save PDF and web pages. You may ask for a paper copy of any record or withdraw your consent to electronic records at any time by emailing reserve@winsparking.com. Withdrawing consent does not affect records already provided and may mean we cannot provide some Services online.

Your consent

Wins Parking, LLC is the sole sender of texts about your request. Texting consent is only between you and Wins Parking, LLC, not any other brand or affiliate. Giving us a phone number alone does not opt you in to texts. To opt in on winsparking.com, check the optional, unchecked SMS consent box:

Text me from Wins Parking about my proposal request, including replies to my questions, scheduling and quote updates. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help. Consent not required to buy.

These texts may cover your inquiry, quote, reservation, permit, payment, account, appointment or project, and related follow-up. You confirm that you are the subscriber or customary user of the number you give us and that you may consent for it. If your number changes or is reassigned, please tell us so we stop contacting it.

Consent is not a condition of any purchase. You can buy our services or get a quote without agreeing to texts or automated calls. Just call us at (970) 279-1744 or email reserve@winsparking.com.

Message details

• Message frequency varies with your request.
• Message and data rates may apply.
• Reply STOP to any text to opt out at any time. You may receive one final text confirming your opt-out, and then no more texts unless you opt back in.
• Reply HELP for help, or contact us at (970) 279-1744 or reserve@winsparking.com.
• Reply START to opt back in after you have opted out.
• Carriers are not liable for delayed or undelivered messages.

Text confirmations and keyword replies

• Opt-in confirmation: Wins Parking: Thanks for your request. You agreed to texts about your request. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to opt out.
• HELP: Wins Parking account and reservation alerts. Help: reserve@winsparking.com or (970) 279-1744. Reply STOP to opt out.
• START: Wins Parking: You are subscribed to texts about your request. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to opt out.
• STOP: Wins Parking: You are unsubscribed and will receive no more texts. Reply START to resubscribe.

Calls, recordings and AI assistants

Calls to and from Wins may be recorded and transcribed for quality, training, record keeping and to carry out your request. Our calls may be answered or placed by an AI assistant. You can ask for a person at any time during a call, and we will connect you with our team or have a team member call you back. By continuing a call after this notice, you agree to the recording and transcription.

Opting out of texts and calls

You can opt out of texts, calls and marketing at any time. Reply STOP to any text, tell us on any call, or email reserve@winsparking.com. Opting out will not affect any purchase or service. We may still contact you by email or mail about an active reservation, permit, payment or legal matter where the law allows.

We never share your mobile number or texting consent

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. We do not sell, rent or share mobile numbers or text-messaging consent with third parties or affiliates for their marketing.

More about how we handle this information is in our Privacy Policy.

Park at your own risk

ALL PARKING IS AT YOUR OWN RISK. YOU MUST CARRY YOUR OWN INSURANCE. When you park, you receive only a limited, revocable license to use a parking space under these Terms and the posted rules. It is not a lease, and it is not a bailment: we do not take possession, custody or control of your vehicle, its keys or its contents, and we owe no duty of care for them.

To the fullest extent allowed by law, Wins is not responsible for any loss, theft, damage or injury involving vehicles, trailers, equipment, contents or people, including loss or damage caused by other customers, drivers or third parties, theft, vandalism, wildlife, fire, weather, hail, snow, ice, snow removal and plowing, flooding, falling objects, road and surface conditions, power or equipment failure, or acts of nature.

No security promised

Lighting, cameras, license plate recognition, gates, fencing and patrols, where present, are tools for running and enforcing the lot. They are not security services, and we do not promise that any of them are present, monitored, recording or working at any time. You are solely responsible for locking your vehicle and protecting your belongings.

Insurance and responsibility

You must maintain your own insurance covering your vehicles, trailers, equipment and contents against theft, damage and loss, as well as any insurance required by law, and agree to show proof on request. Our fees do not include insurance for your property. You are responsible for any damage or injury caused by you, your vehicle, your passengers or your guests to people, vehicles, equipment or property at the lot.

Posted rules

You must follow all posted signs and lot rules, permit terms, and instructions from our staff, which form part of these Terms. If a posted rule and these Terms conflict, the stricter one for you applies, unless the law requires otherwise.

Unauthorized vehicles may be booted or towed at the vehicle owner's expense, under Colorado law and the law where the lot is located. A vehicle is unauthorized if, for example, it has no valid permit, reservation or payment, has an expired or misused permit, is parked outside its assigned area or space, blocks access, or breaks a posted rule. The vehicle owner and driver are responsible, jointly and individually, for all towing, booting, storage, release and related fees and costs, as allowed by law.

Permit misuse

Permits and reservations are for the registered vehicle and holder only. Sharing, reselling, copying, altering or transferring a permit, registering a false plate, or using a permit for a vehicle not on file is misuse. If we find misuse, we may cancel the permit without a refund, enforce against the vehicle, charge any unpaid amounts, and refuse future service.

Abandoned vehicles and property

A vehicle left beyond its paid or permitted period, or that appears abandoned or inoperable, may be treated as abandoned and removed under Colorado's abandoned-vehicle laws and the law where the lot is located, at the owner's expense. Personal property left at a lot may be removed and handled as the law allows. We are not responsible for property left behind.

Unpaid amounts

Parking fees are due in advance unless we agree otherwise in writing. We may use any lawful means to collect unpaid amounts, including referring them to a collection agency. You agree to pay reasonable costs of collection, including attorneys' fees, where the law allows.

Rates can change. Rates, fees and terms are those shown when you buy or posted at the lot. We may change them at any time for new purchases and renewals. A change does not affect a period you have already paid for, unless we tell you otherwise and the law allows it.

Payments are processed by Stripe. You authorize us and Stripe to charge your payment method for the amounts you agree to, including any renewals described at checkout, plus applicable taxes. You confirm that you are authorized to use the payment method.

Payments are non-refundable unless the law requires a refund or we agree to one in writing. Unused time, early departure, and cancellation after purchase do not entitle you to a refund or credit.

Chargebacks. If you have a billing problem, contact us first at reserve@winsparking.com or (970) 279-1744 so we can try to fix it. If you dispute a valid charge with your bank or card issuer, we may provide your permit, plate, entry and exit records, communications and these Terms to contest it. If a chargeback is filed for a valid charge, we may cancel the related permit or reservation, treat the vehicle as unauthorized, refuse future service, and recover the amount owed and our reasonable dispute fees, as the law allows.

Design, construction, management and EV charger installation work is governed by a separate written contract signed by Wins and the customer. That contract controls over these Terms. No agreement for that work exists until both parties sign it.

Quotes, estimates, proposals, budgets, timelines and the results of our free revenue and build estimate tools are non-binding and for information only. They are based on the information available at the time and on assumptions that may change, such as site conditions, permitting, utility capacity, incentives, materials, labor and demand. They are not offers, guarantees or promises of any cost, revenue, savings or result. Only a signed contract binds us.

Information about EV charging stations, networks, connectors, pricing, availability, incentives and similar data is provided for information only. Much of it comes from third-party sources, such as government databases and charging networks. We do not own or operate third-party chargers and do not guarantee that any station information is accurate, complete or current, or that a station is available or working. Check with the network or site operator before you rely on it.

Some Services use artificial intelligence, including AI assistants that answer and place calls, send texts and emails, and generate estimates, summaries and content. AI outputs may be incomplete, out of date or wrong. They are not legal, financial, tax, engineering, insurance or other professional advice, and they do not bind Wins. Do not rely on an AI output for an important decision without confirming it in writing with our team. Only a written confirmation from Wins, or a signed contract, is binding.

You agree not to, and not to help anyone else to:

• Scrape, crawl, harvest or copy content or data from the Services by robot, script or other automated means, except for public search engines that follow our robots.txt file
• Reverse engineer, decompile or try to get the source code of any part of the Services, except where the law clearly allows it
• Use the Services for anything unlawful, fraudulent, harmful or misleading, or in breach of these Terms
• Submit false information, use someone else's name, phone number, plate or payment method, or impersonate anyone
• Send spam or automated or bulk form submissions, or try to manipulate, trick or misuse our AI assistants
• Interfere with, overload, probe or bypass the security of the Services, gates, cameras or payment systems
• Upload viruses or harmful code, or content that is unlawful, infringing, threatening or abusive
• Copy, resell or exploit the Services or their content for commercial purposes without our written permission

The Services and all content in them, including text, designs, graphics, photos, videos, software, data, tools, calculators and the selection and arrangement of them, are owned by Wins or its licensors and protected by copyright, trademark and other laws. Wins Parking, Wins Design & Build, Park Graph, ChargingNear.me, and our logos and other marks are trademarks of Wins. You may not use them without our written permission.

We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose under these Terms. All other rights are reserved.

Your content and feedback

If you send us content, such as photos, site plans, reviews, messages or comments, you keep ownership of it, and you give Wins a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, modify and display it to provide and improve the Services and as described in our Privacy Policy. You confirm that you have the right to share it. If you give us ideas or feedback, we may use them freely without any obligation to you.

Copyright complaints (DMCA)

If you believe content on the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act to our copyright agent: Copyright Agent, Wins Parking, LLC, 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632; email reserve@winsparking.com. Include your signature; a description of the copyrighted work; where the material appears on our Services; your contact details; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and you are authorized to act for the owner. We may remove material and end the access of repeat infringers.

The Services use and link to services we do not control, such as Stripe for payments, Google Maps, phone and texting carriers, charging networks, and the websites of property owners and partners. Your use of them is governed by their own terms and privacy policies, including Stripe's terms when you pay. We are not responsible for third-party services, their content, availability or actions, or any loss caused by them.

TO THE FULLEST EXTENT ALLOWED BY LAW, WINS IS NOT LIABLE FOR FAKE OR REPLACED QR CODES, SCAM OR LOOK-ALIKE WEBSITES, PAYMENTS MADE ANYWHERE OTHER THAN WINSPARKING.COM, OR UNAUTHORIZED ACCESS TO YOUR OWN DEVICES OR ACCOUNTS. Verify the address before booking or paying. Legitimate bookings begun on winsparking.com may use Stripe-hosted checkout; this warning does not exclude that authorized payment step or change your statutory payment rights.

THE SERVICES, LOTS, CONTENT, TOOLS, ESTIMATES, DATA AND AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT ALLOWED BY LAW, WINS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY SPACE, GATE, CHARGER OR SYSTEM WILL BE AVAILABLE OR WORKING. THERE IS NO WEBSITE, BOOKING OR PAYMENT-SYSTEM UPTIME OR AVAILABILITY COMMITMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR DOWNTIME, OUTAGES, BUGS, DATA LOSS, OR FAILURES OF HOSTING PROVIDERS, STRIPE, EMAIL PROVIDERS OR TELEPHONE AND TEXTING CARRIERS.

TO THE FULLEST EXTENT ALLOWED BY LAW, WINS AND ITS AFFILIATES, AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, OR COSTS OF SUBSTITUTE PARKING, TRANSPORTATION OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY, IS LIMITED TO THE LESSER OF $100 OR THE TOTAL FEES YOU PAID US FOR THE SERVICES IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS IS ONE AGGREGATE CAP ACROSS ALL CLAIMS, NOT A SEPARATE CAP FOR EACH CLAIM, INCIDENT OR LEGAL THEORY, TO THE FULLEST EXTENT ALLOWED BY LAW.

These limits are an essential part of our agreement and apply even if a remedy fails of its essential purpose. Some laws do not allow certain limits, so some of them may not apply to you; in that case our liability is limited to the fullest extent the law allows. Nothing in these Terms limits liability that cannot be limited by law, such as for gross negligence or willful misconduct where the law so provides.

To the fullest extent allowed by law, you release Wins and its affiliates, and their owners, members, managers, officers, employees, agents and contractors, from all claims, damages and losses arising out of your use of the Services or any lot, including parking incidents, vehicle damage or theft, injury, property damage, and lawful enforcement actions such as booting, towing and impoundment. If you are a California resident, you waive California Civil Code section 1542, which says: "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."

To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless Wins Parking, LLC and its affiliates, and their owners, members, managers, officers, employees, agents and contractors, from and against all claims, demands, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or related to: your use of the Services or any lot; your vehicles, trailers, equipment, contents, passengers, guests, conduct or property; your content; your breach of these Terms or posted rules; your compliance with or violation of any law or the rights of anyone else; or any information you give us, including a phone number you are not authorized to give. We may control the defense of any claim at your expense, and you will cooperate with us. This obligation does not extend to liability that applicable law prohibits shifting to you.

To the fullest extent allowed by law, any claim you have relating to the Services or these Terms must be started within 1 year after it arises. Otherwise, it is permanently barred. This includes starting the notice and mediation steps in Section 21.

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 21. For any claim that is not arbitrated, including small claims, you and Wins agree to the exclusive jurisdiction and venue of the state courts located in Eagle County, Colorado, or the United States District Court for the District of Colorado, and waive any objection to them.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR DELAY OR FAILURE TO PERFORM CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL. These events include weather, snow and storms, natural disasters, fire, flood, epidemics, acts of government, road or lot closures, utility or power failures, internet, telecommunications or carrier failures, failures of payment processors or other providers, labor disputes, shortages, accidents, civil unrest, terrorism or war. Performance is excused only to the extent and for the time affected by the event; rights and obligations that cannot lawfully be excused remain in effect.

Please read this section carefully. It affects your legal rights, including your right to go to court.

Informal resolution first

Before starting mediation or arbitration, you or Wins must send the other a written notice describing the dispute and the relief sought. Send notices to Wins by email to reserve@winsparking.com and by mail to Wins Parking, LLC, 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632. We will try in good faith to resolve the dispute within 30 days.

Mediation

If the dispute is not resolved within 30 days, the parties will try non-binding mediation in Eagle County, Colorado, or by video, with a mediator agreed by both, before starting arbitration. Each party pays its own mediation costs and shares the mediator's fee equally, unless the law or the arbitration rules require otherwise.

Binding individual arbitration

If mediation does not resolve the dispute within 60 days after it is requested, any dispute, claim or controversy arising out of or relating to the Services, any lot, these Terms or our relationship, including the scope, validity or enforceability of this section, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or its Commercial Arbitration Rules if you are a business. A single arbitrator will decide the dispute. The arbitration will take place in Eagle County, Colorado, or by video or written submissions if the parties agree or the rules allow. Fees are paid as the AAA rules provide. Judgment on the award may be entered in any court with jurisdiction.

Class action waiver

You and Wins may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims and may award relief only to the individual party seeking it and only as needed for that party's individual claim. If this class waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration, after all individual arbitrations are complete.

Jury trial waiver

You and Wins waive any right to a jury trial for any dispute, whether in arbitration or in court.

Exceptions

Either party may bring an individual claim in small claims court in Eagle County, Colorado, or in the county where you live if the law requires, as long as it stays there. Either party may also seek an injunction in court to stop actual or threatened infringement of intellectual property or misuse of the Services. Lawful lot enforcement, such as booting and towing, is not limited by this section.

30-day right to opt out of arbitration

You may opt out of arbitration by emailing reserve@winsparking.com within 30 days after you first accept these Terms, with the subject "Arbitration Opt-Out." Include your name, mailing address, phone number and a clear statement that you opt out of arbitration. If you opt out, the rest of these Terms still apply, and disputes will be decided in the courts named in Governing Law and Venue, with the jury waiver still in effect to the extent the law allows.

Changes to this section

If we change this section, the change will not apply to a dispute we already know about or that you have already notified us of.

We may change these Terms at any time by posting the new version on our websites and updating the "Effective and last updated" date. Changes apply from that date to new uses of the Services and new purchases, but not to a dispute that arose before the change. If a change is material, we will try to give you notice, such as by email or a notice on our website. Continuing to use the Services after a change means you accept it.

We may suspend or end your access to any or all of the Services, cancel a permit or reservation, or refuse future service at any time if you break these Terms or posted rules, misuse a permit, file a chargeback for a valid charge, act unsafely or abusively, or if we must for legal, safety or business reasons. Refunds, if any, are handled as described in Rates, Payments, Refunds and Chargebacks. You may stop using the Services at any time.

• Severability: if any part of these Terms is found unenforceable, it will be enforced to the fullest extent allowed or modified as little as needed, and the rest of these Terms stays in effect.
• No waiver: our failure or delay in enforcing any part of these Terms is not a waiver of our right to enforce it later.
• Assignment: you may not assign or transfer these Terms or any permit without our written consent. We may assign these Terms, including to an affiliate or in a business transfer, without your consent.
• Entire agreement: these Terms, our Privacy Policy, posted lot rules, and any order or permit terms you accept are the entire agreement between you and Wins about the Services, except that a separate signed contract controls for the work it covers.
• Survival: sections that by their nature should survive, including those on payments, enforcement, intellectual property, disclaimers, limitation of liability, release and indemnification, time limits, governing law and dispute resolution, survive the end of these Terms.
• Notices: we may give you notice by email, text, mail to the address you gave us, or posting on our websites. You must send legal notices to us by email to reserve@winsparking.com and by mail to Wins Parking, LLC, 56 Edwards Village Blvd, Unit 124, Edwards, CO 81632.
• Relationship: nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship. Headings are for convenience only, and "including" means "including without limitation."

Questions about these Terms? Contact us: