1. Agreement & electronic signature
By checking the "I agree" box at checkout, typing your full legal name as an electronic signature, and completing payment, you acknowledge and agree that you have read, understood, and accept every provision of these Terms & Conditions. You intend your typed name to constitute your legal signature with the same force and effect as a hand-written signature under the Federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the New York State Electronic Signatures and Records Act (N.Y. State Technology Law §§ 301–309).
We record, at the time of signing: your typed name, your email address, your IP address, your browser user-agent, the date and time (UTC), and a SHA-256 hash of the exact text of these Terms as displayed to you. A copy of the signed agreement is stored on our server and may be produced as evidence in any dispute.
2. The pass and the access card
A monthly pass entitles one (1) named Passholder to enter and exit the Lot through the gated entrance using a physical access card ("Access Card") that we issue. Upon purchase we will either
- mail your Access Card via USPS to the shipping address you provide, or
- hold it for in-person pickup — whichever option you select at checkout.
While your Access Card is in transit or awaiting pickup, we may, at our sole discretion, email you a temporary access code so you can begin parking immediately. Temporary codes are a courtesy, not a contractual entitlement, and may be revoked at any time.
The Access Card remains the property of 91 Front St Parking. You must return it upon termination of your pass.
3. Card sharing — strictly prohibited
Your Access Card is personal to you and is non-transferable. You may not lend, copy, duplicate, rent, sell, gift, or otherwise share the card, the card number, or any associated credentials with any other person, including roommates, friends, or family members.
How we detect sharing. Entry and exit events from the Lot are time-stamped and correlated with camera footage. Examples that we treat as evidence of sharing include, without limitation: (a) the card being used at the gate while a vehicle other than a vehicle registered to your account enters or exits; (b) simultaneous or impossibly-close entry events; (c) the card being used by a person visibly different from the Passholder on camera; (d) the card being tapped by someone who is not an occupant of the vehicle; or (e) credible reports from other Passholders or the public.
Consequences of sharing. If we determine, in our reasonable and good-faith judgment, that you have shared your Access Card in violation of these Terms, then, without prior notice, the following will occur automatically:
- your Access Card will be permanently deactivated;
- your monthly subscription will be terminated immediately with no refund for the then-current billing period;
- you will be charged liquidated damages of $250.00 USD per sharing incident to the payment method on file; and
- you will be banned from purchasing a future pass at the Lot.
Why $250. You and we agree that actual damages caused by card sharing — including lost revenue from the additional user who did not pay, administrative investigation time, gate and camera review, and increased wear and risk to the Lot — are inherently difficult to calculate with precision. $250 per incident is a reasonable, good-faith pre-estimate of those damages and is not a penalty. You expressly agree to this liquidated damages amount.
Authorization to charge. You expressly authorize us to charge the payment method you provided at checkout for (i) the monthly subscription fee, (ii) any liquidated damages under this Section 3, (iii) the lost-card replacement fee under Section 4(d), and (iv) any other amount you owe under these Terms. This authorization survives cancellation of your pass until all amounts owed are paid.
4. Payment, auto-renewal & cancellation
(a) Price. The 24/7 monthly pass is $130.00 USD per month at the current launch rate (regularly $150.00 USD), billed in advance. The BHS school-day membership is sold separately at the price disclosed on the BHS pass pages at time of purchase and is locked in for the school-year term stated in the order.
(b) Auto-renewal. Your pass is a recurring auto-renewing subscription. By purchasing, you authorize us (through our payment processor, Stripe, Inc.) to automatically charge your payment method $130.00 USD (or the applicable school-day pass rate) on the same calendar day each month until you cancel. If the same calendar day does not exist in a given month, the charge occurs on the last day of that month.
(c) Cancellation. You may cancel your subscription at any time by emailing support@binghamtonparking.com from the email address on file. Cancellation takes effect at the end of the then-current paid month; you retain access until that date. We do not pro-rate or refund partial months.
(d) Lost or damaged card. Replacement of a lost, stolen, or damaged Access Card carries a $50.00 USD fee charged to the payment method on file. Report loss or theft as soon as possible so we can deactivate the old card.
(e) Failed payments. If a scheduled charge is declined, we may retry, suspend Lot access, and/or terminate the pass. You remain responsible for all amounts owed plus reasonable collection costs.
5. No chargebacks
Because your pass grants immediate, revocable access to a physical facility and a physical Access Card, you agree not to initiate a chargeback, dispute, or reversal with your bank or card issuer for any charge made under these Terms.
If you have a billing concern, contact us first at support@binghamtonparking.com and we will work with you in good faith. Initiating a chargeback without first attempting resolution with us is a material breach of this agreement. If you initiate such a chargeback and it is later determined to be invalid, you agree to pay the disputed amount plus a $35.00 USD chargeback administration fee, plus any processor fees we are charged.
These Terms, our transaction logs, and the camera footage described in Section 7 constitute compelling evidence we may submit to any card network to contest an invalid chargeback.
6. Assumption of risk & no liability
The Lot is an outdoor, uncovered surface parking lot. You park in the Lot entirely at your own risk. To the fullest extent permitted by law, 91 Front St Parking, its owners, affiliates, employees, contractors, and agents assume no liability for, and you release all claims arising from:
- theft of, damage to, or vandalism of your vehicle or its contents;
- collisions or incidents with other vehicles or persons in the Lot;
- weather-related damage (hail, snow, ice, flood, wind, falling debris, etc.);
- personal injury sustained anywhere on the Lot premises;
- loss of, damage to, or misuse of your Access Card;
- temporary outage, malfunction, or closure of the gate or cameras;
- third-party or public-access user conduct in the Lot.
No bailment. This agreement is a license to use a parking space, not a bailment. No attendant takes custody of your vehicle or keys. The presence of a gate, an Access Card, or cameras does not create a bailment, a duty of care, a warranty of security, or any promise of monitoring.
Public access. You acknowledge the Lot is also open to the public for short-term parking. Members of the public may enter and exit the Lot.
Cap on damages. To the fullest extent permitted by law, our aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Lot shall not exceed the total amount you have paid us in the three (3) months preceding the event giving rise to the claim.
7. Cameras & evidence
The Lot is monitored by security cameras for operational and evidentiary purposes. By entering the Lot, you consent to being recorded. Recordings are retained for at least 24 hours and typically longer.
You agree that camera footage, gate-log entries, and any other electronic records we maintain are admissible evidence in any dispute, chargeback response, small-claims action, or other proceeding arising under these Terms, and that you will not object to their authenticity on the basis that they are electronic.
The cameras exist to protect our operational interests. They are not a security service for your vehicle and do not create any duty of care toward you. See Section 6.
8. Permitted use & house rules
- Park only within marked spaces. Do not block lanes, gates, or other vehicles.
- Obey posted signage and all applicable City of Binghamton and New York State laws.
- No storing of non-operational, unregistered, or uninsured vehicles. Passholder vehicles must be currently registered and insured.
- No commercial repair work, detailing for profit, overnight RV/camper habitation, trash dumping, or use of the Lot as a residence.
- No smoking or open flames in or near vehicles or structures.
- Do not prop, force, tailgate, or disable the gate. Each vehicle must present its own valid Access Card.
- We may tow, at the vehicle owner's expense, any vehicle that violates these rules or any posted signage.
9. Termination
We may suspend or terminate your pass immediately, without refund, if you materially breach these Terms, including (without limitation) by sharing your Access Card (Section 3), initiating an invalid chargeback (Section 5), violating the house rules (Section 8), or failing to pay.
Upon termination for any reason, (a) your Access Card will be deactivated, (b) you must cease using the Lot immediately, and (c) any unpaid amounts — including liquidated damages — become immediately due.
10. Refunds
Monthly pass fees are non-refundable. If we terminate your pass for cause under Section 9, no refund is owed. If we terminate your pass without cause and you are not otherwise in breach, we will refund the unused, prorated portion of the then-current month.
11. Indemnification
You agree to indemnify, defend, and hold harmless 91 Front St Parking and its owners, affiliates, employees, and agents from any claim, loss, damage, liability, or expense (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Lot or the Access Card, (b) your breach of these Terms, or (c) your violation of any law or the rights of any third party.
12. Governing law, venue & disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or your use of the Lot shall be brought exclusively in the state or federal courts located in Broome County, New York, and you consent to personal jurisdiction and venue there.
Attorney's fees. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorney's fees and costs.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable and, as modified, enforced.
Entire agreement. These Terms, together with the signed checkout record, constitute the entire agreement between you and 91 Front St Parking regarding the Lot and supersede all prior oral or written agreements.
13. Contact
91 Front St Parking
91 Front Street, Binghamton, NY 13905
Email: support@binghamtonparking.com
A copy of the exact text of these Terms, as displayed to you at the time of purchase, is fingerprinted (SHA-256) and stored alongside your signed agreement record.