Welcome to AutoParking! Please read the following Terms and Conditions
of use carefully before using or obtaining any content, products, or services through
our website. By accessing, browsing and using this website, you acknowledge that
you have read, understood and agree to strictly comply with these Terms, which include
our Privacy Policy, stated here. If you do not accept, or agree with all of these
terms, then please do not use this website.
Autoparking may at any time modify these Terms and Conditions
without notice, and your continued use of this website will be conditioned upon
the terms and conditions in force at the time of your use. All amended terms become
effective upon our posting to the website, and any use of the website after such
revisions have been posted signifies your consent to the changes.
1. Definitions
In these Terms and Conditions, terms that commence with a capital
letter are defined in this section.
“AutoParking” “Autoparking.com” “we” or “our” all
mean Auto Parking Inc.
“Content” means the text, information, documents, data, images,
photographs, graphics, software, applications, sounds, designs, features, and other
materials that are available on the Site. “Content” also includes Products and Services.
“Marks” means trademark, trade name, service mark, logo, custom
graphics, or icon.
“Member” means an individual who has registered with the Site.
Members choose a user name and password.
“Options and Services”
means any additional options or services an individual parking facility might offer,
including but not limited to, main floor parking or reserved space parking.
“Payment Card” means credit,
bank, or charge card used as payment method.
“Products and Services”
means the booking and purchasing of parking spaces, and any other items available
through the Site.
“Providers” or “Third
Party” means, includes, but is not limited to, Parking facilities, Autoparking
licensors, suppliers, information providers, advertisers, content partners, software
developers, publishers, marketing agents, and resellers.
“Site” means the www.autoparking.com website, together with
the respective Content, Products and Services available from the site. (“Site,”
“Content” and “Products and Services” do not include the sites, marks, content,
content, products or services that are provided by third parties, and that might
be available through a link from the Site; their use is subject to the terms set
forth by their respective websites.)
“Terms” means, the Terms
and Conditions provided in this document collectively.
“User name” means the e-mail
address a Member uses (with their password) to login to our Site.
2. Ownership
This Site, and each of its components,
together with the arrangement and compilation of the content found on this Site,
is the copyrighted property of Auto Parking Inc., (“AutoParking”)
and/or its various third party providers and distributors. Much of the content
found on this site is owned by third party providers and distributors, specifically,
data relating to parking rates and schedules.
3. Age and Responsibility
In order to purchase the Products
or Services available on the Site you must become a Member. As a Member you represent
that you are of sufficient legal age to use the Site and create binding legal obligations
for any liability you may incur as a result of the use of the Site. Minors (as defined
under the laws of their jurisdiction) are not eligible to register for membership
on the Site.
You are responsible for
maintaining the confidentiality of your User name and password; you agree to
accept responsibility for all activities that occur under your account and
password; you understand that you are financially responsible for all uses of
this site by you and those using you login information. Furthermore, you are
responsible for monitoring your monthly booking plan, and keeping your personal
information current.
4. Use of Site
This site is intended for
personal, noncommercial use only; unless we have granted you permission in
advance and in writing, you may not use the Site to provide services to a third
party.
Autoparking.com grants you a
limited, personal, non-transferable, revocable license to access and use this
Site only in accordance with these Terms and Conditions. Except for this
limited license, we do not grant you any other rights or license with respect
to this Site. Any rights or license not expressly granted herein are reserved.
You may only use this site to
search for information, or to make legitimate bookings, or purchases and shall
not use this site for any other purposes, including without limitation, to make
any speculative, false or fraudulent booking or reservation in anticipation of
demand.
You may download, display, or
print any portion of the Content presented on this site for your personal,
non-commercial use only. If you do, you may not modify the Content in any way,
and you must reproduce the AutoParking copyright notice (or provider’s notice
as applicable) in the form of: ©2004-2008 Auto Parking Inc., All rights
reserved.
The unauthorized use of this
site and/or the materials contained on this site may violate applicable
copyright, trademark or other intellectual property laws or other laws.
Except as imparted above, you
may not copy, reproduce, upload, post, display, republish, distribute, or
transmit, this Site and any part of the content provided in this site,
including the text, graphics, button icons, digital downloads, data compilation
and software, without written permission of Autoparking.com, and/or its third
party providers and distributors.
You may not use any robot,
spider or other automatic device, or any manual process, to monitor or copy any
of the Web pages, data or content found on this site, in any instance without
prior written permission of AutoParking.
You agree that you will not
transmit or otherwise transfer any Web pages, data or content found on this
site to any other computer, server, Web site, or other medium for mass
distribution or for use in any commercial enterprise, including the implication
in any manner that AutoParking is endorsing your products or services, without
prior written permission of AutoParking.
You agree that you will not
use or access the Site in any way, or use any device, software or routine that
in our judgment, adversely affects, interferes or attempts to interfere with
the normal performance or function of the Site, or any other computer systems
or networks used by AutoParking, other Site users or members.
You agree that you will not
take any action that imposes an unreasonable burden or load on our
infrastructure that in its sole discretion AutoParking deems to be unreasonable
or disproportionate to the benefits AutoParking obtains from your use of the
site.
You agree that you will not
post or transmit, unlawful, threatening, libelous, defamatory, indecent,
obscene, inflammatory, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
You are prohibited from
posting or transmitting any information which infringes the rights of others or
violates their privacy or publicity rights, or is protected by copyright,
trademark, trademark or other proprietary right, unless with the express
written permission of the owner of such right; or which in any way is used to
unlawfully collude against another person in restraint of trade or competition.
You may not under any condition disguise the origin of the information
transmitted through the Site. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or other proprietary
right, or any other harm resulting from your use of this Site.
Furthermore, you are
expressly prohibited from uploading or transmitting to the Site or from using
any device, software or routine that contains a virus, Trojan horse, worm, time
bomb, bug or other harmful item, or programming routine that may damage,
interfere or attempt to interfere with the normal operation of our Site.
It is illegal to request in a
false name or with an invalid credit card. Please be aware that even if you do
not give us your real name, your Web browser transmits a unique Internet
address to us that can be used by law enforcement officials to identify you.
Fraudulent users will be prosecuted to the fullest extent of the law.
5. Member Reviews
Members may submit ratings,
reviews, tips, comments, feedback, suggestions, ideas, and other materials (collectively
“Reviews”) to the Site. AutoParking does not take responsibility and assumes no
liability for any content posted by you or any third party. We reserve the
right (not the obligation) to remove, restrict, or edit such content, but do
not regularly review posted content.
By posting Reviews, you grant
AutoParking and its Providers a nonexclusive, perpetual, irrevocable,
royalty-free right to use, display, adapt, modify, copy, reproduce, distribute,
publish, translate, promote, and create derivative works from, the Reviews, and
to sublicense any or all of the foregoing rights to others. Furthermore, you
represent and warrant that you own or otherwise control all rights to the
Reviews and that use or public posting of the Reviews will not infringe upon or
otherwise violate the rights of any third party, including, without limitation,
any copyright, trademark, or other intellectual property right, right of
privacy, or any other rights of any kind. Reviews may not contain software
viruses, political campaign material, commercial solicitations, chain letters,
mass mailings or any form of “spam.”
6. Payment Methods
All purchases must be
submitted with a major credit or charge card unless otherwise expressly stated.
You are solely responsible for any and all fees charged to your Payment Card by
the issuer, bank, or financial institution including, but not limited to,
membership, overdraft, insufficient funds, and over the credit limit fees.
7. Member Booking and
Purchasing Terms
The AutoParking booking term
commences on the date you sign up for monthly parking. Members have two booking
options available for monthly parking enrollment: prepay or month-to-month. If
you choose to prepay, you agree to prepay the entire cost of your parking
reservation upfront for the designated number of months chosen by you. When you
prepay, the parking rate of the entire duration remains fixed for the duration,
irrespective of any potential increase in parking rates. You may prepay up to
twelve months, after which you have the option to renew. If you choose to renew
your prepay enrollment, you understand that you must do so under the rate that
is current during your renewal and not the rate of your previous and/or initial
enrollment. If you choose a month-to-month plan you may select the option of
auto-billing, or self-pay. When you choose auto-billing, you assign to
AutoParking the right to automatically place a pending charge to your Payment
Card on the 21st of each month before charging your Payment Card the
delineated monthly parking fee on the last day of each month; you will be
charged the rate determined by your chosen parking facility for your chosen
month. When you choose to self-pay, AutoParking will send you an e-mail on the
21st of each month, reminding you that you have until the last day of
each month to submit your payment. ALL RATES ARE ASSIGNED BY THE INDIVIDUAL
PARKING FACILITIES AND NOT BY AUTOPARKING.COM. Monthly rates may in some cases
include, if the Member so chooses and/or if the desired parking facility offers,
additional Options and Services fees; these fees are also determined by the
respective parking facility and not Autoparking.com. We charge a one time
processing fee for placing your order; Members are responsible for paying the
parking facility fee, the one time processing fee, plus applicable taxes. If,
for any reason, the parking facility you have booked cancels the order we will
notify you via electronic communication; we do not accept responsibility for
such a cancellation, and will under no condition be held liable.
8. Modifications to
Monthly Parking Bookings
All modifications must be
submitted during your monthly checkout, or if you are on a prepay plan, during
renewal.
You agree to give AutoParking
at least three business days, BUT NO MORE THAN 30 DAYS, to process any kind of
modification made to your order/enrollment plan, including, changing your
vehicle type, changing your personal information, or requesting a different parking
facility; for example if you know you will be changing your vehicle type from a
car to an SUV you must inform AutoParking through the Request Modification link
within thirty days, and no more, of the request, and you must agree to give
AutoParking at least three business days in which to process the request once
the request is submitted. Modifications may result in a rate change or in some
cases a cancellation of a monthly parking space.
9. Expiration Date and
Refusal of Charges to you Payment Card
If you are on an auto-billing
plan and your Payment Card reaches its original expiration date, you must opt
out of auto-billing in order to update your Payment Card information. If your
Payment Card is declined, and we can’t authorize a payment by the 21st
of the month, your account will automatically revert into a self-pay account,
after which you will receive an e-mail reminding you that you have until the
last day of the month to pay your bill. Provided you pay your bill by the last
day of the month, AutoParking benefits will continue uninterrupted. If you choose,
you can continue with an auto-billing plan with your new Payment Card
information.
10. Cancellation by You
You can cancel your
AutoParking monthly parking booking at any time. If you do so you will not be
charged for any additional bookings. For example, since your payment is due by
the last day of each month, if you cancel your monthly parking enrollment on
October twentieth, than you will not be charged on October thirty-first for the
November first through November thirtieth period, and you AutoParking monthly
parking booking term will terminate on November first.
11. Cancellation by
AutoParking
Autoparking.com may at any
time, without notice and for any reason, at its sole discretion, terminate or
suspend your monthly parking booking, or otherwise restrict your use of
Autoparking.com.
12. Changes or Amendments to
the Plan
AutoParking may make changes
to the monthly booking service, including, without limitation, any promotional offers
and free trials or availability and amount of coupons, at any time, and from
time to time, without prior notice. In addition, AutoParking may change the
AutoParking monthly parking booking fees, provided we give prior notice via
electronic communication of any change to monthly rates or fees that will
adversely affect you. You agree that, unless you cancel your monthly parking
booking prior to the effective date of change, you will be charged the new
applicable AutoParking monthly parking booking fee (plus applicable taxes).
13. Return Policy
It takes AutoParking three
days to process your order; if you cancel within the three days you will
receive a full refund. If you do not cancel within the three days there is no
refund; you must wait till your order expires, and choose not to renew. If, for
example, you order a booking on the 15th your order will be ready on
the 18th; you would have until the 18th to cancel, or
wait until the end of December and opt not to renew. Parking facilities
function on a prorated monthly charging system, meaning, if you initiate your
order on the 15th of November you are paying to park from 18th
through the 30th and for the entire month of December. If you have
enrolled in a prepay plan, you must notify us 5 business days in advance if you
want a refund for a cancellation; you agree to allow AutoParking up to thirty
days to process such a cancellation. If you are on a month-to-month plan there
is no refund available, you simply opt not to pay for any subsequent month.
14. Fraud, Abuse or Piracy
Fraudulent or abusive
practices such as repeatedly falsely reporting incorrect parking facility
prices may result not in a cancellation of your AutoParking membership account,
or a suspension of your right to use the Site.
15. Viruses
AutoParking makes reasonable
attempts to prohibit viruses from the Site, but cannot guarantee that the Site
will be at all times free from viruses or other destructive software. The user
is urged to take all the necessary safeguards before downloading information
form the Site. Subject to applicable law, in no event shall AutoParking –
including its respective officers, directors, employees, representatives,
affiliates or providers – assume responsibility, or be liable for any damages
to, or viruses that may infect your computer equipment or other property on
account of your access to, use of, or browsing in this Site or your downloading
of any materials, data, text or images from the Site.
16. Privacy
You confirm that you have
read the AutoParking Privacy Policy, the terms of which are incorporated
herein, and agree that the terms of such policy are reasonable. You consent to
the use of your personal information by Autoparking.com and/or its Third Party
providers and distributors in accordance with the terms of and for the purposes
set forth in the AutoParking Privacy Policy.
17. Exclusion of Warranty
AutoParking and any Third
Party providers and distributors make no warranty of any kind regarding this
Site and/or any Products and Services provided on this Site, all of which are
provided on an “as is” basis. AutoParking and any Third Party providers and
distributors do not warrant the accuracy, completeness, currency or reliability
of any of the content or data found on this site and such parties expressly
disclaim all warranties and conditions, including implied warranties and
conditions of merchantability, fitness for a particular purpose and
non-infringement, and those arising by statue or otherwise in law or from a
course of dealing or usage of trade. Neither AutoParking nor any Third Party
providers or distributors warrant that this Site, its servers or any e-mail
sent from AutoParking are free of viruses or other harmful components.
18. Limitation of
Liability
Use of this Site and its
Content is at your sole risk. To the fullest degree permitted by law, in no
event shall AutoParking or any Third Party providers or distributors be liable
for any injury, loss, claim, damage, accident, or any special, exemplary,
punitive, indirect, incidental or consequential damages of any kind, whether
based in contract, tort or otherwise, which arise out of or are in any way
connected with any use of this Site or with any delay or inability to use this
Site, or for any information, software, Products or Services obtained through
this Site, even if a party has been advised of the possibility of such damages.
Furthermore, AutoParking
accepts no responsibility for any damages due to Provider cancellations, or any
other causes beyond the Site’s control. No responsibility is accepted for any
additional expense, or omission, nor shall the Site be responsible for any
other wrongdoing of a Provider (including any liability in tort), as to any
Products and/or Services available through this Site. AutoParking shall not be
responsible for any Provider’s failure to comply with these Terms, nor for any
Provider’s failure to comply with applicable federal, state and local law.
The Products and Services
made available on this Site are subject to conditions imposed by the Providers.
Providers who furnish products or services through this Site are independent
contractors, and not agents or employees of AutoParking.
19. Indemnification
You shall defend and
indemnify AutoParking or any Third Party providers or distributors and their
officers, directors, employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal and accounting
fees, brought by or on your behalf in excess of the liability described herein
or by Third Parties as a result of your use of this Site.
20. Termination of Usage
AutoParking may at any time,
without notice and for any reason, at its sole discretion, terminate or suspend
your right to use this Site.
21. Reliance on
Information
This Site may include content
with technical inaccuracies or typographical errors that may be corrected as
they are discovered at our sole discretion.
22. Governing Law
The internal laws of the
State of Delaware shall govern the performance of these Terms, without regard
to such state’s conflicts of laws principles. You consent to the exclusive
jurisdiction and venue of the courts located in Delaware for all disputes
arising out of, or relating to, the Terms and Conditions and use of this Site.
23. Entire Agreement
These Terms and Conditions,
together with the Privacy Policy and those terms and conditions incorporated
herein, constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or agreements (whether
oral or written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or modifications
available on this Site.
