Terms & Conditions
ACCEPTANCE OF THESE TERMS
ParkingEdge, LLC ("BestParking.com," "BestParking,"
"we," or "us") provides the information, content,
tools and information services that are accessible via www.BestParking.com
(and the associated URLs owned or controlled by BestParking.com) as
well as via mobile applications we make available (collectively, the
"Sites") to you ("you") subject to the terms of
service below ("Terms of Service") and subject to the associated
BestParking.com privacy policy ("Privacy
Policy").
Access to the Sites, and the information, content, tools and information
services that are accessible via the Sites, are collectively the "Services."
To use the Services you must agree to the Terms of Service and 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.
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.
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.
PRIVACY POLICY
Use of the Services and any personal information or other information
about you collected by BestParking.com 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. 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.
INDEMNIFICATION
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.
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 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 January 11, 2010.
Privacy Policy
This privacy policy describes how
ParkingEdge, LLC ("BestParking.com," “BestParking,†"we,"
or "us") collects and uses personal information collected
via www.BestParking.com and the associated URLs owned or controlled
by BestParking.com 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 “Termsâ€). 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 BestParking.com does not control the privacy practices
of such websites.
COLLECTION OF INFORMATION
BestParking.com may collect personal information, such as names, email
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
BestParking.com 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.
For example, if you submit the form "Click Here to Request Competitive
Bids," we will forward your information to our "Parking Partners"
who may opt to offer you parking services.
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 BestParking.com, or the assets of
BestParking.com related to the Services, is acquired by a third party,
we will provide your personal information to the party acquiring BestParking.com
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 privacy@bestparking.com.
We may modify this Privacy Policy
in accordance with the provision of the Terms of Service titled “Changes
To The Terms.â€