Cookies & I.P. Address Tracking
ParkingStay.com uses Google Analytics to count how many unique visitors come to the site and to compile basic visitor statistics. ParkingStay.com also contains external links to other sites that may employ cookies and/or IP address tracking.
TERMS OF SERVICE
By accessing the website of ParkingStay.com. ("Parking Stay") located at ParkingStay.com, or at any other related internet address (collectively, the "Site"), you ("User") agree in your individual capacity and on behalf of any entity you may represent that the User has read and agrees to all of the following terms and conditions:
1. Intellectual Property Ownership. Parking Stay is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property rights or intangible assets recognized under any laws or international conventions. Parking Stay may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.
2. Limited License to Use Materials Provided on the Site. Parking Stay grants user a limited license to use the materials made available on the Site only for User's personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. User acknowledges that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Parking Stay. Parking Stay, in its sole discretion, may revoke this license at any time without prior notice to User and without liability.
3. User Conduct. As a condition of use of the Site, User represents and warrants that User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. User agrees to abide by all applicable local, state, national and international laws and regulations and User shall be solely responsible and liable for all acts or omissions that occur while User or any agent of User accesses the Site. By ways of example, and not as a limitation, User agrees:
- Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- Not to interfere with or disrupt the Site networks or servers;
- Not to delete any legal notices, disclaimers or proprietary notices;
- Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; or
- Not to interfere with Parking Stay or another authorized party's use and enjoyment of the Site.
4. Links to Third Party Web Sites. Parking Stay may provide reference or hyperlinks to third party Web sites as a convenience to Users of the Site. Clicking on certain hyperlinks will open a new window to a third party Web site, which in some cases may be an advertiser. Parking Stay does not control third party Web sites and is not responsible for the contents of any referenced or linked-to, third party Web sites or any hyperlink in a linked-to site or the content or use thereof.
5. Indemnification. User shall indemnify, defend and hold Parking Stay and its affiliates, officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by User, User's use of the Site or information provided by the Site.
6. Disclaimer. THE SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PARKING STAY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. PARKING STAY MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED. PARKING STAY DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE OR VIRUS FREE. USER USES THE SITE AND ALL SITE INFORMATION AT USER'S OWN RISK.
7. Limitation of Liability. IN NO EVENT SHALL PARKING STAY OR ITS MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR FOR INFORMATION CONTAINED THEREIN, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PARKING STAY, OR ITS MEMBERS AND AGENTS, UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED IN THE AGGREGATE OF ONE HUNDRED ($100.00) DOLLARS.
8. Force Majeure. ParkingStay.com shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
9. Jurisdiction and Governing Law. This Agreement shall be construed, governed and enforced under the laws of the United States and the State of Florida (without regard to rules governing conflict of laws). User agrees that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Florida. Each party hereby consents and submits to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
10. Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.
11. Waiver. No waiver of any breach of a provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
12. Modifications. ParkingStay.com may modify this Agreement at any time, at its discretion, and modifications are effective upon being posted on the Site. User is responsible for reviewing this Agreement to ensure that User is aware of any changes made to the Agreement.