IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
- Acceptance of Terms
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at the following URL: joinparked.com/terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Services.
Subject to the terms and conditions set forth herein, Parked Solutions hereby grants to you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make non-commercial use of the Services only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
- Limitations on Use
Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Parked Solutions IPR (as defined below) and/or make the Services accessible via a public network or use the Services for time sharing or service bureau purposes; (iii) refer to the Services by use of framing; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Parked Solutions or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through or use with the Services any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (viii) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (x) download or otherwise export or re-export the Services or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or any other applicable jurisdiction has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders; (xi) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or their servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services; (xii) remove any copyright, trademark or other proprietary notices from Services; or (xii) use the Services contrary to: applicable laws, Services requirements/license matrix, your insurers requirements, insurance policy or in any manner that constitutes a circumvention thereof or any misrepresentation in connection therewith; or (xii) if fess are applicable, you may not use the Services without compliance with payment obligations.
- Ownership of Proprietary Rights
The Services, including without limitation any underlying data, software, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, organization, structure, application "look and feel" and features, Feedback (defined below) and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto ("Parked Solutions IPR") are the exclusive property of Parked Solutions and/or its licensors who retain all right, title and interest in connection therewith.
No transfer or grant of any rights by Parked Solutions is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Parked Solutions IPR or otherwise, except for the limited license set forth in Section 2 above.
We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
- Your Content
5.1 Your Content. Any content that you provide, upload, send, transit, enable access to or refer to through the Services ("Your Content") will be used by Parked Solutions to provide, maintain and improve the Services and for any other purpose you consent to.
5.2 Representations and Warranties. You represent and warrant to Parked Solutions that Your Content: (i) complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights and the right to privacy; and (ii) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies). You hereby agree and warrant not to make available or share with others any of Your Content that can be reasonably understood to be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive. Although we are not required to do so, we may access, review and delete all or part of your User Content at any time, including in order to assess and stop any violation of these Terms as determined by Parked Solutions in its sole discretion.
- Your Account
You are solely responsible for all actions performed in the Services under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was an unauthorized access to your account you will immediately notify Parked Solutions and modify your login information. The Services are intended for use by users at least sixteen (16) years old or older if the age limit is older in your jurisdiction or according to the age limit in your insurance policy, you hereby declare that you are sixteen (16) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.
- Data charges & Text Messages
You are responsible for any mobile charges that you may incur for using our Services. If you are unsure what those charges may be, you should consult your service provider before using the Services. By using the Services, you agree that Parked Solutions may send you informational text (SMS) messages as part of the normal business operation (i.e. reminder to check-in) of your use of the Services.
- User Warranties and Representations
You represent and warrant to Parked Solutions that: (a) you freely agree to use the Services; (b) you and your use of the Services will comply with all applicable laws, regulations, rules and standards; and (c) you may only use the Services for lawful purposes.
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE PARKED SOLUTIONS IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION PARKED SOLUTIONS IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARKED SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
PARKED SOLUTIONS DOES NOT WARRANT THAT THE PARKED SOLUTIONS IPR AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL PARKED SOLUTIONS AND ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR PARKED SOLUTIONS IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY PARKED SOLUTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING PARKED SOLUTIONS WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, AGGREGATE LIABILITY OF PARKED SOLUTIONS, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU PAID PARKED SOLUTIONS, IF ANY, IN THE LAST 12 MONTHS FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Parked Solutions and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any breach of these Terms; (ii) your use of the Services; and/or (iii) your violation of any applicable law or the rights of any third party.
- Third Party Content
The Services may use or include third party software, files and components that are subject to third party license terms as set forth in the following links: https://auth0.com/docs; https://auth0.com/legal/ss-tos; https://platerecognizer.com/terms-of-use-privacy-policy and may be updated from time to time. Parked Solutions is not responsible or liable for such third-party software, files and components.
- Updates, Suspension and Termination
Parked Solutions reserves the right, in its sole discretion, to make any necessary unscheduled changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Parked Solutions IPR immediately (including without limitation the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1,3, 4, 5, 8-15.
(i) These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of the State of New York. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Parked Solutions could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Parked Solutions may otherwise be inadequate and Parked Solutions shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Parked Solutions shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) You acknowledge and agree that Parked Solutions has the right, at any time and for any reason, to redesign or modify the Parked Solutions IPR and other elements of the Services or any part thereof; (v) these Terms are the entire agreement between you and Parked Solutions regarding the subject matter herein and these Terms shall not be modified except by a written instrument executed by both parties; (vi) Parked Solutions may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Parked Solutions. Any unauthorized assignment will be void and of no force or effect; (vii) Parked Solutions failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Parked Solutions as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: email@example.com.
Last updated: March 1, 2021.