PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE SERVICE (DEFINED BELOW).
If you do not agree to these Terms or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.
1. THE SERVICE
The Service helps users find parking and provides users parking information about different parking locations and other parking information.
2. RIGHT TO USE
Subject to the terms, conditions and limitations set forth in these Terms, SmoothParking grants you a non-exclusive, non-transferable and revocable license (without any right to sub-license any part of the Service) to use the Application on any mobile device that you own or control. These Terms will also govern any upgrades or modifications provided by SmoothParking that replace, modify and/or supplement the Service. You may use the Service solely for private and personal purposes.
3. RESTRICTIONS ON USE
a. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute, display or make the Service available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Service; (iii) copy, decompile, reverse engineer, disassemble, attempt (in whole or in part) to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that you cannot be prohibited from so doing under applicable law); (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Service; (v) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (vi) remove, deface, obscure, or alter SmoothParking's or any third party's copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service, or use or display logos of the Service differing from SmoothParking's own without SmoothParking's prior written approval; (vii) use the Service to develop a competing service or product; (viii) use the Service to send unsolicited or unauthorized commercial communications; (ix) take any action that imposes or may impose (at SmoothParking's sole discretion) an unreasonable or disproportionately large load on SmoothParking's or any third party's infrastructure and/or (x) use the Service in any unlawful manner or in breach of these Terms.
b. You must not use the Service commercially. For example, you may not offer to any third party use of the Service; you may not resell the Service, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of SmoothParking.
c. You must not copy, print, save or otherwise use the data from the Service's database.
d. When using the Service you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper, deep-link or other automated means to access the Service for any purpose without the express written permission of SmoothParking.
e. The Service may not be used in any way not expressly permitted by these Terms.
f. SmoothParking may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating SmoothParking’s rights under these Terms or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Service, and without derogating from any fees or other obligations to SmoothParking, you undertake to do so.
4. THIRD PARTY SERVICES, APPLICATIONS AND COMMERCIAL INFORMAITON.
b. SmoothParking may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from SmoothParking or from third parties. If such information originates from third parties, SmoothParking cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by SmoothParking does not constitute a recommendation or encouragement to procure the goods or services advertised.
In order to use the Service, you may need to create an account ("Account"). If you do not wish to create an Account, you may elect not to do so. However, use of the Service without creating an Account may limit your access and use of some parts of the Service. You must not allow anyone other than yourself to access and use your Account. You acknowledge and agree (i) to provide accurate and complete Account and login information; (ii) to keep all Account login details and passwords secure at all times; (iii) to remain solely responsible and liable for the activity that occurs in connection with your Account, (iv) that multiple people may not share the same login details; and (v) to promptly notify SmoothParking in writing if you become aware of any unauthorized access or use of your Account or the Service. Without derogating from your payment obligations, if applicable, you may cancel your Account at any time by using the Service tools or by sending a cancellation request to us through the support link on the Site, in which case we will use commercially reasonable efforts to respond within a reasonable time.
Your access to and use of the Service is subject to up-front payment in full of the subscription fees, if applicable, as set forth in the Order Form. You acknowledge that the subscription fee during any Renewal Term (as such term is defined below) will, unless set forth in the Order Form, be determined by SmoothParking's then-current subscription fees. "Order Form" means SmoothParking's then current order form that you entered into with SmoothParking while registering for the Service.
If you make a purchase from SmoothParking, then you acknowledge and agree: (i) that we, or one of our third party payment processors (each a "Payment Processor"), may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand (any amount not paid when required to be paid may accrue interest on a daily basis until paid in full at the lesser of: (i) the rate of one and a half percent (1.5%) per month; or (ii) at the highest amount permitted by applicable law). All payments by you: (A) unless otherwise stated, are and shall be paid in US Dollars; (B) are non-refundable; and (C) are exclusive of all taxes, levies, or duties, which are your responsibility. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.
These Terms shall become effective on the earlier of: (i) the date that you commence access to or use of the Service; or (ii) the date that we receive payment of any applicable Service subscription fee, and shall continue until expiration of the subscription period (the "Initial Term"). Thereafter, subject to your payment of any applicable Service subscription fees, these Terms shall automatically renew for successive subscription periods (each a "Renewal Term", and together with the Initial Term, the "Term"), or until these Terms are terminated in accordance with the section herein entitled 'Termination of use of the Service'. If you continue to use the Service past any subscription period renewal date, you shall be deemed to have renewed these Terms for the corresponding Renewal Term.
9. TERMINATION OF USE OF THE SERVICE
a. Without derogating from your obligation to pay any fees hereunder, you may terminate your use of the Service at any time and for whatever reason by cancelling your registration, if applicable, and ceasing to use the Service.
b. SmoothParking retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason SmoothParking deems appropriate, at its sole and absolute discretion.
c. We reserve the right in our sole discretion to terminate these Terms and/or terminate, modify, and/or limit the Service at any time, including without limitation in the event that you breach these Terms.
10. INTELLECTUAL PROPERTY
a. All intellectual property rights in and to the Service, including copyrights, trademarks, industrial designs, patents, trade secrets including data related your usage thereof and any other SmoothParking intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to SmoothParking or its third party licensors.
b. "SmoothParking", the SmoothParking logo, and other trade and/or service marks are property of SmoothParking and may not be used in any of the aforementioned means.
11. LINKING TO THE SITE
Third parties are encouraged to use our link button at the top right corner of the map to establish an embedded link on their Web site to the Parking Map of the Site. You agree not to establish an embedded link to the Site other than through our link button. Additionally, embedding the Site must be in accordance with the Terms of Service of the Google Maps API.
If you use the Service through an Apple device, then you agree and acknowledge that:
(i) Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
(ii) You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
13. WARRANTY DISCLAIMER
a. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT THE SERVICE MAY AT TIMES BE UNAVAILABLE, INCLUDING WITHOUT LIMITATION, DUE TO OVERLOAD OR UNAVAILABILITY OF THE SERVERS OR OTHER INFRASTRUCTURE ON WHICH THE SERVICE IS OPERATED. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS. SmoothParking HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SmoothParking DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SmoothParking DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, INFORMATION, OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE. YOUR USE OF AND RELIANCE UPON THE SERVICE CONTENT AND YOUR DATA AND ANY MARKETPLACE MATERIALS IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND SmoothParking SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS WITH THE SERVICE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT SUCH EXCLUSIONS MAY NOT APPLY.
ADDITIONALLY AND WITHOUT DEROGATING FROM THE ABOVE CLAUSE, SMOOTHPARKING DISCLAIMS ANY WARRANTY FOR THE ACCURACY OF THE MAPS, ROAD CONDITIONS, OR PARKING FEES PRESENTED IN OR BY THE SERVICE. FOR INSTANCE, EXISTING ROADS MAY BE MISSING FROM THE MAP.
b. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICEPERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE. YOU ACKNOWLEDGE THAT YOU MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE.
c. SmoothParking exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to SmoothParking's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Application failures and Application communication failures, originating either in SmoothParking or any of its providers.
14. LIMITATION OF LIABILITY
a. SMOOTHPARKING, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SmoothParking FOR ANY DAMAGES OR LOSSES UNDER THESE TERMS OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE EXCEED THE TOTAL AMOUNT OF ANY FEES PAID BY YOU FOR THE SERVICE, IF ANY, DURING THE THREE (3) MONTH PERIOD PRIOR TO BRINGING THE CLAIM.
b. Should you desire to file any cause of action against SmoothParking, arising out of or related to the SmoothParking Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
15. BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless SmoothParking and our affiliates, employees, officers, directors, consultants and agents from any third party or other claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of the Service; and/or (ii) your breach of these Terms.
b. Be aware that when you use the Service, we may use GPS technology (or other similar technology) to determine your current location and other user information, and we may store such location details other information in our databases. This data is used for a variety of purposes but mainly to improve the Service, and your experience with the Service, and to increase the Service's functionality and user friendliness.
c. If you do not want Us to have access to your location, you should turn off the location services either through your mobile phone settings or through your web browser settings.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or (v) protect the rights, property or safety of SmoothParking, its users or the public.
18. MODIFICATIONS TO THE SERVICE
SmoothParking may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt and/or change the Service, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against SmoothParking for applying such changes or for failures incidental to such changes.
19. MODIFICATIONS OF THESE TERMS
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Site (as found at www.smoothparking.com/terms.html), and your continued use of the Service thereafter means that you accept those changes.
20. ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of SmoothParking. SmoothParking may assign its rights in and to the Service to any third party at its sole and absolute discretion, provided that the third party undertakes SmoothParking's obligations to you under these Terms.
21. COMPLIANCE WITH LAWS
a. Each party shall comply with all applicable laws relating in any way to its performance of its obligations under these Terms. You agree to comply fully with all applicable export laws and regulations in any jurisdiction to ensure that neither the Service nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
b. You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
22. GOVERNMENT USE
If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by the terms of these Terms.
24. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of New Jersey, applicable to agreements made and to be entirely performed within New Jersey, without resort to its conflict of law provisions. You agree that any legal action or proceeding between SmoothParking and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
25. CONTACT US
You may contact Us concerning any question about the Service at firstname.lastname@example.org. We will make our best efforts to address your inquiry promptly.
Last updated: November 5, 2013