ACCEPTANCE OF THESE TERMS
(collectively, the "Terms"). Your use of the Services (or any part thereof) constitutes your agreement to the Terms. If you do not agree with the Terms you may not use the Services.
By using the Services you represent that you are of legal age in your jurisdiction to enter into a binding agreement with BestParking.com. If you are not able to make the representations in the preceding sentence you are prohibited from using the Services, however, any unauthorized use of the Services by you shall be subject to these Terms until such unauthorized use has been terminate. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services represents such third party's acceptance of the Terms.
CHANGES TO THE TERMS
We may periodically modify or supplement these Terms. If we make material changes to the Terms we will post a notice on the Sites for a period of at least seven days after such changes have been implemented indicating that the Terms have been changed. All amended Terms become effective upon the earlier of (1) your use of the Services after such revisions have been posted and (2) seven days after such revisions have been posted. If you do not agree with any changes to the Terms you must cease using the Services.
PROVISION OF THE SERVICES
We may modify or cease providing all or part of the Services at any time, including adding or deleting content or features or disabling certain aspects of the Services. Any modification or elimination of all or part of the Services will be done in our discretion and without an ongoing obligation or liability to you.
HOW YOU MAY USE OUR MATERIAL
You may use the Services, including the Sites, and any information, data, images, tools, results, content, applications and other material made available via the Services, including any such material that is owned by third parties (collectively, "Materials") SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with the Terms. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) without the prior written consent of BestParking.com. You may download and operate one copy of any application that is included in the Materials solely on a single device owned or controlled by you.
You may not data mine, scrape, crawl, or use any robot other automatic device, script, technology or processes that send automated queries to the Sites, or use other similar methods or tools, to gather or extract Materials from the Sites. In addition, you may not use the Services to compile data (or any other portion of the Materials) in a manner that is used or usable by a competitive listing product or service. You may not link to the Sites or any portion of the Services (including deep linking to a specific portion of the Sites or framing Materials in any way) and you may not employ script searches or search results from the Sites in a manner that results in the display of any Material on a third party website or elsewhere.
You may not modify the manner in which the Sites are displayed or the Services are used, including framing, scraping or any other technique that would alter the display of the Sites or the visual display of the Services, including the Material. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other users or third parties.
When accessing the Sites or otherwise using the Services you will use and comply with security procedures (if any) maintained by us to confirm that only authorized users have access to the Services and to otherwise limit use of the Services. You may not use alter-egos or other disguised identities when accessing the Sites and otherwise using the Services. All forms of indirect access are strictly prohibited. You may not attempt to access portions of the site which are not made publicly available by us and you may not use any information obtained from non-public portions of the Sites.
DO NOT USE WHILE DRIVING.
YOU AGREE TO WAIVE, AND TO INDEMNIFY PARKINGEDGE, LLC AGAINST, ANY AND ALL CLAIMS AND CAUSES OF ACTION RELATING TO OR ARISING FROM YOUR INSTALLATION AND USE OF THE BEST PARKING APP OR BESTPARKING.COM, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM ACCIDENTS OR INJURIES OR DELAYS DURING SUCH INSTALLATION OR USE.
INTELLECTUAL PROPERTY AND CONTENT
The Services, including the Sites, the Material, and the design, text, graphics, images, video, information, applications, tools, results, software, music, sound, and any files contained therein or related thereto, and the arrangement thereof, including the BestParking.com company names and logos and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorships, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "BestParking Content"), and all intellectual property and proprietary rights related thereto, are as between you and us the sole property of BestParking.com.
Except as expressly provided in these Terms, BestParking.com does not grant to you any express or implied rights to any BestParking Content and all such rights are retained by BestParking.com. All copies that you make of the Material or the Sites must retain any copyright, trademark or other proprietary notice located on the Sites that pertains to the Material being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You are solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all other damages resulting from your use of or access to the Services, including the Sites and the Material.
Except as expressly provided in these Terms, you may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, distribute, decompile or otherwise reverse engineer the BestParking Content or any portion thereof in any way without the express written consent of BestParking.com.
Without the express prior written consent of BestParking.com, you are not authorized to (1) use any BestParking.com name or mark, and related marks in any advertising, publicity or in any other commercial manner, (2) use any meta tags or any other "hidden text" utilizing any BestParking.com name or mark, and related marks, or (3) use the BestParking.com domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service.
is incorporated into these Terms.
Any use of the Services, including any reliance upon any of the information therein, shall be at your sole risk. BestParking.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, applications or the Material accessible by use of the Services. BestParking.com has no obligation to provide any maintenance services, updates, upgrades or error corrections with respect to any applications made available via the Sites. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES (INCLUDING THE SITE AND THE MATERIAL) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BESTPARKING.COM
AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, "BESTPARKING.COM
PARTIES") DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY AND PERFORMANCE OF THE SERVICES. BESTPARKING.COM
PARTIES DO NOT WARRANT OR COVENANT THAT ANY DEFECTS OR ERRORS ASSOCIATED WITH THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY
USE OF THE SERVICES IS AT YOUR RISK. IN NO EVENT SHALL ANY BESTPARKING.COM
PARTY BE LIABLE TO ANY USER IN CONNECTION WITH THE SERVICES FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF A BESTPARKING.COM
PARTY IS FOUND TO BE LIABLE TO YOU, SUCH PARTY'S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE SERVICES IS LIMITED TO THE GREATER OF (1) THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (2) $100.
Some jurisdictions do not permit certain disclaimers of warranties or exclusions of damages, in which case such disclaimers and exclusions may not apply to you to the extent they are not permitted.
You agree to indemnify and hold the BestParking.com Parties harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (1) your breach of these Terms and any use of the Services (including the Sites and any Material) other than as expressly permitted in these Terms; (2) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other proprietary or contract right of any person or entity; or (3) your use of, or conduct on, any website other than the Sites.
The foregoing indemnity obligations will survive any termination of the Terms or your use of the Service. BestParking.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of BestParking.com.
TERMINATION AND SUSPENSION
We may terminate these Terms, or terminate, suspend or restrict your access to the Services, in the event that you violate any of the Terms or for any other reason, with or without notice or cause. Upon termination or suspension, your right to access the Sites and use the Services will immediately cease. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval and that, in the event of termination, you will destroy all BestParking Content in your possession, including all BestParking.com mobile applications.
VIOLATIONS AND COMPLAINTS
Without limiting BestParking.com's rights or remedies under these Terms or at law or in equity, BestParking.com may investigate complaints related to your use of the Services and alleged violations of these Terms and to take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations.
You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
You may not assign these Terms or otherwise transfer this Agreement, in whole or in part; any attempt to do so shall be void. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable. You will comply with all applicable laws, regulations and ordinances related to your use of the Services, including compliance with applicable laws in jurisdictions other than the United States. These Terms will be governed by and construed in accordance with the laws of the State of New York and you agree to submit to the personal jurisdiction of the courts located in New York. Except as expressly stated herein, the Terms constitutes the entire agreement between you and BestParking.com with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and BestParking.com with respect to the Services or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and BestParking.com. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
Any notices given by you under these Terms shall be given in writing and shall be delivered to the following address:
PARKINGEDGE, LLC d/b/a BestParking.com, Attn: Benjamin Sann, 165 East 72 Street - #8K New York, NY 10021.
These Terms were last modified on August 19, 2013.