TermsOf Use

AGREEMENT BETWEEN USER AND The Car Park

The Car Park Holdings, LLC Website Terms of Use

Last revised as of March 7, 2018

 

Welcome. These Terms of Use (“Terms“) apply to the use of all websites (each a “Site” and collectively, the “Sites“) that are owned and/or operated by The Car Park Holdings, LLC, a Delaware corporation (“The Car Park”), its subsidiaries, or by third parties authorized to act on behalf of The Car Park. The Car Park values your interest in its services and appreciates your visit to its Sites.

 

These Terms do not apply to any website owned and/or operated by or on behalf of any third party even if we provide a link or reference to such website on one of our Sites.  You should refer to the terms of use of any such third-party websites for information regarding any terms and conditions of your use of such websites.

 

When we refer to “we,” “us,” or “our,” we mean The Car Park or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.

 

When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including an employer, or other organization, “you” or “your” also means that other person, including a business organization.

 

User Access

All Sites are made available only subject to the Terms and all applicable laws. By accessing, browsing or otherwise using the Sites, you acknowledge that you, as the individual user of the Sites, have read, understood and agree to be legally bound by these Terms, and agree to comply with all applicable laws and regulations, without limitation or qualification, and further acknowledge that you have the authority and do hereby legally bind the business entity or organization, if any, to which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms take effect immediately upon your first visit to and use of the Sites. If you do not agree to the Terms, you are not authorized to access, browse or otherwise use the Sites and you must immediately cease any access use or browsing of the Sites.

 

The Car Park, in its sole discretion, reserves all  rights to amend or change these Terms at any time and from time to time. Each modification becomes effective when posted on this Site. By using the Sites after any changes in these Terms, you agree to be legally bound by the Terms as amended. Accordingly, it is your responsibility to, and we recommend that you,  frequently revisit this page to determine the present terms and conditions to which you are legally bound.

 

The Car Park may terminate your right to use the Sites without cause at any time and effective immediately.  In addition, The Car Park may terminate your right to use this Site or any of its Sites immediately and without notice for violation of any part of these Terms. In the event of any such termination, the restrictions on your use of the material on the Sites shall survive such termination, and you agree to be bound by those terms.

 

Intellectual Property and Restrictions On Use Of Information and Content

All information and content provided on the Sites, whether explicitly marked or not, are the exclusive property of The Car Park, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Sites.

All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by The Car Park, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

 

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of The Car Park. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by The Car Park is strictly prohibited.  The Car Park will vigorously defend its rights.

 

Nothing contained in the Sites shall confer, or shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of The Car Park or any third party except as explicitly stated herein.

 

You are not permitted to create a hyperlink to any page or portion of the Sites or frame any page or portion of this Site without the prior written permission of The Car Park.

 

Any use or misuse of the information, content or Marks provided on this Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.

 

Online Monthly Parking Payment Service

Certain Sites contain features (the “Online Payment Service”) that permit you to access The Car Park account you register on such Sites (“Account”) in order to, among other things, pay for your monthly parking privileges or make other payments at certain parking facilities operated by The Car Park as required under the applicable monthly parking contract between you and The Car Park (your “Monthly Parking Agreement”). By registering a user name, a password and an Account, or by using the Online Payment Service, you represent that you are The Car Park customer of record, or have legal authority to act on that person’s behalf, for the Account you enrolled on the Site. You agree not to attempt to access any Account over which you do not have the explicit authority to access.

 

With the authorization you provide through the Sites, Account or through the Online Payment Service (“Authorization”), your credit card will be charged or the bank account you have designated will be debited (either via one of the debit card networks by using your debit card or via the Automated Clearing House electronic payment system). You may schedule either one-time or recurring monthly payments. Pursuant to the Authorization, your credit card will be charged or your bank account will be debited to make payment to The Car Park. Each time you use the Online Payment Service you agree that The Car Park is authorized to process your payment and facilitate the charging of your credit card or debiting your bank account for the amount of your parking fee and any other applicable fees that you have agreed or are required to pay. You agree not to make a payment that exceeds your limits on your payment card account, transfer limits, or the balance of your bank account. Your agreement with your payment card issuer or financial institution where you have your bank account governs the use of your payment card or bank account, as applicable, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder or account holder.

 

If The Car Park is unable to debit or charge the specified bank account or credit card for any reason, you will not be excused from your obligations and you shall immediately pay your monthly parking bill or other required payments using another payment method. If any debit or charge is returned unpaid by your financial institution or payment card issuer, The Car Park may charge, and you agree to pay, a returned payment fee to the extent permitted under applicable law. Notwithstanding that you have subscribed to use Online Payment Service, you continue to be responsible under your Monthly Parking Contract to pay all amounts due thereunder on or before the applicable due date, and The Car Park may seek all remedies available to it under the Monthly Parking Agreement, these Terms, or applicable law if you fail to pay such amounts when due for any reason. It is your sole responsibility to pay your Account on time to avoid late fees, collection activities or suspension of parking privileges. The Car Park is not liable for your failure to timely pay the amounts due under your Monthly Parking Agreement for any reason including, without limitation, due to interruption or unavailability of the Sites or the Online Payment Service.

 

You represent and warrant to The Car Park that you are the owner or the authorized agent for the owner of the bank account or credit/debit card used in each Authorization and that debits and charges made in accordance with these Terms and your Monthly Parking Agreement will not be disputed. It is your responsibility to ensure that you are entering valid bank account or credit/debit card information as your payment source. If you have scheduled recurring payments and (i) your payment source changes for any reason or (ii) you desire to change or delete the bank account or credit/debit card information used as your payment source or (iii) you desire to stop recurring payments, you must promptly notify The Car Park of those changes by either using the applicable edit functions available in the Online Payment Service or contacting The Car Park at info@thecarpark.com. Payments initiated under the Online Payment Service will continue to be processed against your payment source until that information is changed as provided herein.

 

International Use

The Car Park makes no representation that materials on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access the Sites in violation of these Terms from unpermitted locations do so on their own initiative and are responsible for compliance with local laws.

 

Additional Terms

These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.

 

If applicable, you agree to honor and abide by the terms and conditions of any parking facilities or transportation vehicles that you access as a result of any purchases made through any of our Sites.

 

Disclaimers

You use this Site and the products and services offered on this site at your own risk. All information and content and all products and services offered through this site, including content provided by third party advertisers and sponsors and PERMITs for third party venues and facilities, on this Site are provided “as is” without any express or implied warranty or representation of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purchase, title or non-infringement.

In no event will The Car Park, its subsidiaries, divisions, affiliated companies or joint partners be liable to any party for any direct, indirect, special or other consequential damages arising out of or related to your use of this site or any of the products or services offered through this site, or any other hyperlinked site including, without limitation, any lost revenues, lost profits, loss of prospective economic advantage, business interruption, loss of programs or other data on your handling system or otherwise arising out of the use, misuse of or inability to use this Site or the information, content documents or software thereof, even if The Car Park, its subsidiaries, divisions, affiliated companies or joint partners are advised of the possibility of such damages or for any claim by a third party. Your sole and exclusive remedy against The Car Park is to discontinue use of this site and any hyperlinked sites and to discontinue the use of products and services offered on this site and any hyperlinked sites.

 

Without limiting the above disclaimers, The Car Park, its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this Site or any other Internet website, the access to, or the availability or use of, this Site or any other Internet website, the information and content from whatever source posted on or referred to in this Site or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet website is, or the information or content from whatever source available for use or downloading are free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site.

 

The Sites may use hyperlinks as a convenience to you so that reference material, The Car Park-related subjects and other pertinent material are easily accessible. Linked and referenced websites may not be operated, controlled or maintained by The Car Park. Hyperlinks and references to other websites, including any The Car Park-affiliated entity, do not constitute sponsorship, endorsement or approval by The Car Park of the information, content, policies or practices of such linked or referenced websites. The Car Park, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.

 

The Car Park has no obligation to update any information or content on this Site. Accordingly, The Car Park, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.

 

Privacy Policy

These Terms include the terms and conditions of The Car Park’s Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of The Car Park’s Privacy Policy.

 

Miscellaneous

You warrant to The Car Park that you will not attempt to gain unauthorized access to any services offered by The Car Park or computer systems or networks connected to any The Car Park server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by The Car Park. When using the Site you agree not to pretend to be someone else or spoof their identity.

 

You agree to defend, indemnify, save and hold harmless The Car Park, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any services you may have obtained on one of our Sites (e.g., parking permits, transportation services, etc.).

 

The Car Park controls its Sites (excluding linked sites) from its headquarters in Boise, Idaho, United States of America and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Idaho, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the State of Idaho, in the county of Ada, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.

 

By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.

 

When applicable, you further agree, as a condition of using this site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.