Online Payment Terms of Use

  1. Application of Terms:
    1. These terms of use (the “Terms of Use”) sets out the terms and conditions under which you can use this Highwoods Properties SmartPark website (the “Website”) to make online payments of parking fees owed to Highwoods Realty Limited Partnership and/or any one or more of its partners, subsidiaries, and/or affiliates (collectively, the “Landlord”). Please read these Terms of Use carefully before making any payment using this Website.
    2. BY ACCESSING OR USING THIS WEBSITE IN ANY WAY, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ONLINE PAYMENT REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LANDLORD; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE LEGAL ENTITY IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE AND YOU INDIVIDUALLY AND PERSONALLY AGREE TO COMPLY WITH ALL TERMS APPLICABLE TO SUCH ENTITY. THE TERM “WE” REFERS TO LANDLORD. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
    3. In addition to all other provisions of this Terms of Use, you agree that you have read, agree to, and will comply with the Privacy Policy, as posted to http://www.highwoods.com/privacy-policy (or any successor URL). In addition, you agree that the terms of the foregoing Privacy Policy are incorporated herein by reference. If you do not agree with the terms of the Privacy Policy, then do not use the online payment service provided by this Website.
    4. We may, at our reasonable discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use prior to any use of the Website. Your continued use of the Website following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.
  2. Information about Online Payments:
    1. This Website uses an online payment solution for all credit/debit card processing.
    2. You can use this Website to make debit or credit card payments to any of your parking garage accounts which are registered with us. Your payments are not collected by us directly, but by the merchant bank on our behalf.
    3. We do not apply any administration charge for using this Website to make an online payment of your parking fees.
  3. Making Online Payments:
    1. You must use your unique online user name and password when making a payment. Please take care that the information you enter is correct. You can cancel any payment at any time up until you press the “Confirm” button. Payments will be processed immediately after you press the “Confirm” button.
    2. You must keep your online username and password secret.
    3. You must not use any debit or credit card to make a payment through the Website unless you are the cardholder or you have authority from the cardholder to do so. If we suspect that you are using any payment card fraudulently we reserve the right to pass your information on to the applicable law enforcement agency without notice to you.
  4. Confirmation of Online Payment:
    1. Once your payment has been authorized, a confirmation screen will be displayed showing the payment details and a transaction reference number. These details will also be e-mailed to you.
    2. Please keep a record of the transaction reference number as you will need this number if you have any queries regarding your payment.
    3. If your payment card provider declines any payment, your account will not be credited and we are under no obligation to bring this fact to your attention. We do not accept liability if any payment is refused or declined by your payment card provider for any reason. You should check with your bank or payment card provider that payment has been deducted from or charged to your payment card account.
  5. Refunds:
    1. If you make a mistake in any payment, you should contact our customer service team immediately.
    2. Refunds may be made at our discretion after investigating the request.
    3. If you request a chargeback from your card issuer, or if the bank or your payment card provider confirms that an unauthorized payment has been made using your card, the merchant bank will take steps to process the chargeback or refund the unauthorized payment.
    4. All refunds will be made to the payment card which you used to make the payment. We aim to process refunds within 30 days.
  6. Security:
    1. We do not store any of your payment card information. Other than as necessary to process your payment, your payment card details will not be shared with any third party or be made visible or accessible outside the secure banking network.
    2. We will adhere to the applicable and most recent Payment Card Industry (PCI) standards for securing cardholder data.
  7. User Warranties:
    1. As a condition of your use of this Website, you warrant to Landlord that you will only use this Website for the purpose of making online parking payments to Landlord and that you will not use this Website for any purpose that is unlawful or is not expressly permitted by these Terms of Use.
    2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access this Website. Accordingly, you agree that you will be solely responsible to Landlord for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Landlord immediately at 919-875-6685. You agree to not share access to this Website.
  8. Limitation of Liability: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LANDLORD MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE AT ANY TIME. LANDLORD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LANDLORD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LANDLORD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LANDLORD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
  9. Termination/Access Restriction: Landlord reserves the right to terminate your access to this Website and the related services or any portion thereof at any time, without notice.
  10. Contact Details: Should you have any difficulty making payments or require any further details at all in relation to any part of the Website and/or online payments, please contact our customer service team directly at 1.844.PARKHIW (727.5449) between the hours of 7:00 a.m. and 6:00 p.m. (Eastern) Monday to Friday. Alternatively, you can email us any time at smartpark@highwoods.com.
  11. Governing Law: These Terms of Use constitute the whole legal agreement between you and Landlord with respect to your use of this Website, and completely replace any prior agreements between you and Landlord in relation to this Website. These Terms of Use, and your relationship with Landlord under the Terms of Use, shall be governed by the laws of the state of North Carolina, without regard to conflict of laws provisions. You and Landlord agree to submit to the exclusive jurisdiction of the courts located within North Carolina to resolve any legal matter arising from these Terms of Use. Notwithstanding the foregoing, you agree that the Landlord shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction Landlord deems necessary. Landlord makes no claims regarding access or use of this Website or its content outside of the United States. If you use or access this Website outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use, which will remain in full force and effect.

These Terms of Use are effective as of September 26th, 2016.