Parkonect Terms of Service

By using the http://secure.parkonect.com web site ("Service"), or any services of Parkonect, LLC ("Parkonect"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Parkonect reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.parkonect.com/terms.html

Violation of any of the terms below will result in the termination of your Account. While Parkonect prohibits such conduct and Content on the Service, you understand and agree that Parkonect cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

By Agreeing to the Terms herein, you explicitly will not:

  • Transfer your rights and obligations here to any other person;
  • Sell, rent, or lease these rights and obligations;
  • Provide access to the Services to anyone who is not an “Authorized User”. An Authorized User is an employee of Customer (or Customer Administrator of the Account for the Services) who works directly or indirectly on the Garages made available within the Services, or of a person to whom Customer has outsourced services to for the site/location, and who is authorized to access the Software either as a named or concurrent user but specifically excludes any direct or indirect competitors of Parkonect including but not limited to parking equipment vendors, consultants, distributor, and online sellers;
  • Create any derivative works based upon the Subscription Services;
  • Copy any feature, design or graphic in or reverse engineer the Software;
  • Access the Services (i) in order to build a competitive solution or to assist someone else to build a competitive solution; or (ii) if Customer is an employee of a Parkonect competitor;
  • Use the Services in a way that violates any criminal or civil law; or
  • Load test the Services in order to test scalability.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. Parkonect cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. One person or legal entity may not maintain more than one free account.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

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 site(s) 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 Service, including the Site, and any information, data, images, tools, results, content, applications and other material made available via the Services, 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 or as required under in the ordinary course for Parking Management or related services) without the prior written consent of Parkonect.

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.

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 Parkonect 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 but excluding the Customer data, logos and related names, designs and marks (collectively, "Parkonect Content"), and all intellectual property and proprietary rights related thereto, are as between you and us the sole property of Parkonect.

Except as expressly provided in these Terms, Parkonect does not grant to you any express or implied rights to any Parkonect Content and all such rights are retained by Parkonect. 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 Parkonect Content or any portion thereof in any way without the express written consent of Parkonect.

Without the express prior written consent of Parkonect, you are not authorized to (1) use any Parkonect 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 Parkonect name or mark, and related marks, or (3) use the Parkonect 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.

Privacy Policy

Use of the Services and any personal information or other information about you collected by Parkonect through, or in connection with, the Services is subject to our Privacy Policy, which Privacy Policy is incorporated into these Terms.

Disclaimer

Any use of the Services, including any reliance upon any of the information therein, shall be at your sole risk. Parkonect 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. Parkonect 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. PARKONECT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, "PARKONECT PARTIES") DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY AND PERFORMANCE OF THE SERVICES. PARKONECT 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 PARKONECT 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 PARKONECT 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.

Indemnification

You agree to indemnify and hold the Parkonect 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. Parkonect 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 Parkonect

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 if applicable any Customer’s Subscription Agreement 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 Parkonect Content in your possession, including all Parkonect mobile applications.

Violations and Complaints

Without limiting Parkonect's rights or remedies under these Terms or at law or in equity, Parkonect 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.

General

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 Illinois and you agree to submit to the personal jurisdiction of the courts located in Illinois. Except as expressly stated herein or as subject to any Customer’s Subscription Agreement, the Terms constitutes the entire agreement between you and Parkonect 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 Parkonect 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 Parkonect. 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:

Parkonect, LLC d/b/a Parkonect, Attn: Harlan Karp, 1319 S. State Street, Suite B, Chicago, IL 60605.

These Terms were last modified on January 23, 2013.

This privacy policy describes how Parkonect, LLC ("Parkonect," "we," or "us") collects and uses personal information collected via secure.parkonect.com and the associated URLs owned or controlled by Parkonect or any of its related parties as well as via mobile applications we make available (collectively, the "Sites"). Please read this privacy policy and the associated Terms of Service before using the Sites or submitting any personal information. To use the Services (as defined in the Terms of Service) you must agree to the Terms of Service and this Privacy Policy (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.

The privacy practices set forth in this privacy policy are applicable only to the Sites. If you link to other websites from the Sites, please be aware that Parkonect does not control the privacy practices of such websites.

Collection of Information

Parkonect may collect personal information, such as names, emails, phone numbers and physical addresses, demographic information, and similar information when you submit such information via the Sites. We may also collect information such as your IP address and similar information when you are browsing the Sites.

Tracking Technology

Parkonect may use tracking and analytics technology, including cookies, for gathering non-personal information such as browser type and operating system, tracking the number of visitors to the Sites, and understanding how visitors use the Sites. Personal information is not collected via tracking technology; however, if you previously provided personal information, your IP address may be tied to such information (e.g., we may be able to associate an inquiry with a name). We may share aggregate tracking information with third parties and otherwise use such information in any manner.

Use of Personal Information

Personal information we collect from you will be used in accordance with the instructions and descriptions specified on our site at the time you submit such information. We may also use such personal information to contact you regarding the Services and to make available offers from third parties that are related to the Services. If you do not wish to receive such third party offers, you may opt out of receiving such offers using the opt-out mechanism we provide in connection with such offers.

Disclosure of Personal Information

We may disclose your personal information to our third party business partners who provide parking services and other offers to enable you to take advantage of such services and offers.

We may disclose your personal information to law enforcement officials, regulators, or other third parties in our discretion in connection with any alleged violations of the Terms of Service, violations of law, subpoena, or inquiry by a governmental authority.

If Parkonect, or the assets of Parkonect related to the Services, is acquired by a third party, we will provide your personal information to the party acquiring Parkonect or such assets and such acquirer will have the right to use such information subject to the terms of this Privacy Policy.

Data Security

We use reasonable commercial efforts to keep your personal information secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential), and other parties described in this Privacy Policy, have access to this information.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy, or if you would like to delete or modify any personal information we may have collected from you, you may contact us at info@Parkonect.com. We may modify this Privacy Policy in accordance with the provision of the Terms of Service titled “Changes To The Terms.”

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