Terms of Use

Acceptance of terms

By accessing or using ndhmpark.com (the “Site”) or buying a permit for the lot at 315 E High St, Lexington, KY 40507, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use the Site or the lot. High & Rose LLC (“NDHM PARK”, “we”, “us”) may update these terms at any time; changes take effect when posted, and continued use means you accept them.

Privacy policy

Your use of the Site is governed by our Privacy Policy, which is incorporated into these terms by reference. Please review it to understand how we handle your information.

Permit & payment terms

• What a permit is. A monthly permit lets one vehicle, identified by the license plate you give us, park in any open permit space at the lot, 24 hours a day, while the permit is active. Permits are not assigned to a specific space unless we tell you otherwise in writing. A permit is personal to you and may not be resold or transferred.
• Billing. $150 + 6% KY sales tax = $159 charged each month, billed in advance to your card on the same day each month until you cancel. All charges are in US dollars. Pricing may change with at least 30 days’ notice by email, effective at your next renewal.
• Cancelling and refunds. Billed monthly in advance, not prorated. Cancel before your renewal date and you won't be charged again.
• Failed payments. If a charge fails we retry and email you a link to update your card. If it is not fixed within 7 days the permit ends and the plate comes off the authorized list.
• Plates. Only the plate on file is authorized. Tell us before you park a different vehicle. A vehicle whose plate is not on the list may be towed at the owner’s expense under KRS 189.725.
• Use of the lot. Passenger vehicles only. No overnight storage of inoperable vehicles, no vehicle repairs, no trailers or commercial vehicles without written permission. We may suspend or end a permit for misuse, with a refund of any unused whole month.

SMS / mobile text messaging

By texting PARK (or any message) to the NDHM PARK number, or by ticking the SMS box on our contact form, you consent to receive automated text messages from NDHM PARK related to your permit inquiry, including the link to buy a permit. Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Reply STOP to opt out at any time. Reply HELP for assistance or email park@ndhmpark.com.

Opt-in confirmation message. After you opt in you will receive a one-time message such as: “NDHM PARK: buy a monthly permit for 315 E High St here: https://ndhmpark.com/park — Reply STOP to opt out, HELP for help.”

Mobile information and SMS opt-in consent will not be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in is never required to buy a permit or use the lot.

Electronic communications

When you buy a permit or contact us, you consent to receive communications from us electronically, by email or text. You agree that notices, receipts and other communications we send electronically satisfy any legal requirement that they be in writing.

Intellectual property

The Site, its design, text, images and the NDHM PARK name and logo are owned by High & Rose LLC. You may not copy, reproduce or create derivative works from them without our written permission.

Parking at your own risk

The lot is an unattended, ungated surface lot. You park at your own risk. We do not guard vehicles and are not responsible for theft, vandalism, weather, damage to vehicles or their contents, or personal injury on the lot, except where the law provides otherwise. Nothing on the Site is a guarantee that a space will be available at any particular moment beyond what your permit provides.

Third-party content

The Site may link to third-party sites or services, including our payment processor. We are not responsible for their content or practices, and your use of them is subject to their own terms.

Disclaimer of warranties

The Site and the lot are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted or error-free.

Limitation of liability

To the maximum extent permitted by law, High & Rose LLC and its members, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of your use of the Site or the lot, even if advised of the possibility of such damages. Our total liability to you for any claim is limited to the permit fees you paid in the three months before the claim arose.

Dispute resolution

These terms are governed by the laws of the Commonwealth of Kentucky. Any dispute arising from your use of the Site or the lot will be brought in the state or federal courts located in Fayette County, Kentucky, and you consent to their jurisdiction. Before filing, you agree to contact us in writing and allow 30 days to resolve the matter informally.

Termination

We may suspend or end your permit or your access to the Site at any time for violation of these terms or misuse of the lot. If we end a permit for reasons other than your breach, we will refund any unused whole month.

Contact

High & Rose LLC, operating as NDHM PARK
101 W Loudon Ave Ste 210, Lexington, KY 40508
Email: park@ndhmpark.com · Website: ndhmpark.com