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Terms of Service

TERMS OF USE OF parkcirca.com (version 1.1.2)

Updated October 26, 2011

 

1.  BINDING EFFECT. This is a binding agreement. By using the Internet site located at parkcirca.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Park Circa, Inc. (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

 

2.  MEMBERSHIP. You must register for an account to upload information to the Site.  YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.   Your account may not be transferred or sold to another party.  If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.  Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited.

 

When you are required to open an account to use or access the Site or use the Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or credit card of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, password, or credit card. Company shall not be liable for any loss that you incur as a result of someone else using your password or credit card, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, password, or credit card.

 

3.  PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found at http://www.parkcirca.com/Privacy-Policy. Company’s privacy policy is expressly incorporated into these Terms of Use by this reference.

 

4.  USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

 

5.  USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

 

6.  COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

7.  INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is false, inaccurate or misleading; (d) is fraudulent or involves the actual or proposed sale, trade, or transportation of counterfeit or stolen items; (e) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (f) violates any law, statute, ordinance or regulation including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

8.  COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

 

Chadwick Meyer

Park Circa, Inc.

1330 N. Broadway, Suite 220H, Walnut Creek, CA, 94596, U.S.A.

Telephone: 415-484-5335

Fax: 866-534-8654

contact@parkcirca.com

 

9.  ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

 

10.  LIMITED SCOPE OF SERVICE. The Site is merely a venue at which users may publicize an available parking space, and users may seek an available parking space, along with service(s) to facilitate transactions between parking space-publicizing users and parking space-seeking users.  Company is not involved in the transaction between users, which may result in a contract between users for use of a parking space for a fixed duration of time as denoted by “check-in” and “check-out” for hourly, daily, flat rates and monthly occupancy, provided that a user’s assertion of “check out” corresponds with that user’s vehicle no longer occupying the parking space.  Unless otherwise denoted in writing, users incorporate these Terms of Use into any such transaction.   Company has no control over the quality, safety, or legality of the information posted, the accuracy of the listings, or the ability of users to complete a transaction.  Company will not ensure that a user will actually complete a transaction.  Company does not transfer legal ownership or other property rights pertaining to any parking space from the parking space publicizing user to the parking space seeking user.

 

11.  PARKING SPACE-SEEKING USER COMMITMENTS AND AGREEMENTS. As a user you commit to complete all transactions you have entered into via this Site or Service, and to pay any charges you agree to as a result.  You agree to be bound by the conditions of the parking space description if those conditions are not in violation of these Terms of Use, and you agree to use the Parking Space "as is," accept all responsibility for the actions of you and any passenger(s), and for any criminal or civil violations, tickets, damage, costs, towing charges not initiated by the parking space publicizing user in violation of these Terms of Use, or other liabilities that may occur from use of the parking space.  These other liabilities include, but are not limited to, damage caused to the parking space or nearby property such as:  accidental or intentional damage to property, leaking fluid, noise violations, or littering.  If you do not have enough credit associated with your account to pay agreed-to charges, you agree to add to your account adequate funds in order to pay in-full all accrued charges to-date, and you agree that you may not utilize the Service for a subsequent transaction until such payment in-full is processed by Company.  You agree that if towed after the agreed-upon time to vacate a parking space, or for other legal violations, that you are solely responsible for all associated charges.  You agree that if you claim to “check out” of a parking space, but your vehicle remains in occupation of the same parking space, then you remain responsible to the parking space-publicizing user for costs associated with that occupation.

 

12.  PARKING SPACE-PUBLICIZING USER COMMITMENTS AND AGREEMENTS. You commit that you have legal rights to publicize any parking space in which your account references on the Site and to subsequently transact with a parking space-seeking user.  You accept responsibility for any liability or cost associated with intentional or accidental publicizing of a parking space in which you do not have legal rights to transact with another user.  Similarly, you commit that any parking space you publicize does not violate any local, state, or federal law.  You agree that if you, or any member of your household, prompt or knowlingly allow the towing of another user at or before the agreed-upon time to vacate a parking space that you will reimburse the towed user for fees associated with recovering that user’s vehicle.  You acknowledge that your account will be credited after a user checks out of your parking space based upon the number of minutes, hours, days, weeks or months, the user occupies the parking space from check-in to the later of check-out or physical departure, the regular rate you specified for your parking space, any overage charges, and the value owed to company consistent with paragraph 13 below.  You agree that if a parking space-seeking user’s account does not have sufficient credit to pay agreed-to charges, then the transaction’s credit will not be available to your account until the parking space-seeking user adds enough credit to pay in-full all agreed-to charges consistent with paragraph 11 above.

 

13. VALUE. Users agree that the Site and Service have value.  As a result, you agree that Company is entitled to a percentage of any transaction facilitated by use of the Site or Service, currently set by Company at twenty-five percent (25%) of the total transaction.  Company may change this percentage at any time by publishing to Site a link to revised Terms of Use that denote a different amount or percentage in this paragraph.  You additionally agree that if you transact a contract for a parking space originally discovered via the Site, but transacted outside of the Site, that you will remit to Company twenty-five percent (25%) of the transaction, plus any fees or costs associated with Company seeking and collecting such compensation.

 

14. EXTERNALLY TRANSACTED CREDITS TO USER ACCOUNT. You agree that you will register a valid credit card, authorize and add a credit amount of at least $5.00 to your Park Circa user account, prior to checking into a parking space you intend to occupy.  The minimum transaction amount for any credit added to your Park Circa account is $5.00.  The maximum transaction amount for any credit added to your Park Circa account is $200.00 in a single transaction and also a maximum of $1000.00 in any one month.  Company may change any of the minimum or maximum amounts at any time by publishing to Site a link to revised Terms of Use that denote a different amount or percentage in this paragraph.  Charges to your credit card will be under the name “Park Circa” and classified as a purchase in United States dollars.  You agree to hold Company faultless and without liability consistent with all other paragraphs in these Terms of Use for any errors that may result from credit card company, bank, or credit reporting agencies involving use of the Service.  Accepted sources of externally transacted credits will be available via the Site and may change without notice.

 

15. WITHDRAWALS FROM USER ACCOUNT. You agree that to withdraw any or all credit from your account that you will use the Service as a primary means rather than submitting requests by other means.  You agree to make no more than one withdrawal in a month, unless you are closing your account.  You agree that withdrawal requests will be subject to additional terms as outlined in the Refund Policy available on the Site.  Company’s Refund Policy is expressly incorporated into these Terms of Use by this reference.  You acknowledge that the Refund Policy may include terms providing for the payment of administrative fees to Company, and you agree to pay any such fees consistent with the Refund Policy. If the Site or Service are unavailable for any reason, you may request a withdrawal, in writing, by sending your Park Circa account user name, email address, billing address, amount to be withdrawn, and signed affirmation that you are the owner of the Park Circa account to Company.  You agree to remain bound by these Terms of Use during any interaction with Company that does not directly utilize the Service.  You agree that withdrawals may be paid via check, sent to the billing address associated with your account, or paid via reimbursement to any other payment method account that you have used with the Site and Service.

 

16.  NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  COMPANY FURTHER DOES NOT WARRANT THAT THE CONTENT PROVIDED BY OTHER USERS OF THE SITE IS TIMELY OR ACCURATE.

 

17.  LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

18.  AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

19.  PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.  Additionally you are prohibited from using or attempting to use the Site or Service for any activity that violates local, state, or federal law.

 

20.  INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You further agree to indemnify and hold harmless Company from any claim asserted against you from any other user of the Site or Service, and to indemnify and hold harmless Company from any damage incurred by you for any reason that proximately or actually flows from use of the Site or Service.  Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

21.  COPYRIGHT. All contents of Site or Service are: Copyright © 2010 - 2011 Park Circa, Inc., 1330 N. Broadway, Suite 220H, Walnut Creek, CA, 94596, U.S.A. All rights reserved.

 

22.  GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Contra Costa County, California, U.S.A. in all disputes arising out of or related to the use of the Site or Service.

 

23.  SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

24.  NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

 

25.  CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

26.  MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

27. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.


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