Terms of Use
1. Introduction. Thank you for using www.parkingboxx.com (the “Site”). All material and information published on the Site (the “Content”) shall be governed by these terms. The Site is controlled and operated by Parking BOXX Inc. (BOXX). Our mailing address for the Site is: P.O. Box 803338-93984, Attn: Legal Department, Chicago, IL 60680.
2. Terms of Use. The following terms, notices and conditions apply to your use of this Site. By using this Site, you acknowledge that you have read, understood and agree to comply with those terms, notices and conditions (the “Agreement”). If you do not accept any of these terms, notices and conditions, please do not use the Site. Your use of this Site indicates acceptance of these terms, notices and conditions. We may from time to time change the terms, notices and conditions that govern your use of our Site, and we will post such revised terms, notices and conditions on this page. You should therefore check this page regularly. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms, notices and conditions as changed.
3. Other Governing Documents. Our Privacy Policy is contained on a separate page. Our End User License Agreement (the “License”) is contained on a separate page. The License is the sole and exclusive agreement governing the utilization of the Software Products and Services, as defined and described therein. Your use of this Site constitutes your agreement that the License supersedes any written or oral statements or representations made on this Site or elsewhere or by employees or representatives of BOXX.
4. Proprietary Rights. You acknowledge and agree that the Site and the Content are and shall remain the property of BOXX and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by BOXX, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Content, provided that, subject to your compliance with this Agreement, BOXX does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Content via the Internet solely for purposes of viewing such Content; and (b) to print out pages of this Site for your personal, non-commercial use.
5. Trade Names, Trademarks, and Service Marks. Trade names, trademarks, and service marks of BOXX include, without limitation, ParkingBOXX, Parking BOXX, AccessBOXX and Access BOXX, “Parking Made Easy” and our “P” parking logo “A” access designs. All trade names, trademarks and service marks on the Site that are not owned by BOXX or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by BOXX or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s products or services, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of BOXX’s (or its affiliates’) trade names, trademarks, or service marks without our (or the relevant affiliate’s) prior express written permission.
6. Links. There may be links that make it easier for you to connect to third party sites or that will let you access this Site from third party sites. Linked third party sites are not under the control of BOXX, and BOXX is not responsible for the contents of any linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by BOXX in favor of such site or the products or services contained in any linked site. If you choose to access a third party website linked on this Site you do so entirely at your own risk. Concerns regarding services or resources or links should be directed to the provider of the outside service or resource. You are permitted to link to our homepage www.parkingboxx.com without prior consent. BOXX at all times reserves the irrevocable right to rescind consent for any link to this Site and to take any legal action it deems appropriate.
7. Transmission and Feedback of Information. Any information you transmit through this Site is subject to BOXX’s Privacy Policy. You agree that BOXX may use and/or disclose your demographic information and information about your use of the Site in a manner that does not reveal your identity.
8. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Content. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
– Use the Site for any fraudulent or unlawful purpose.
– Send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from BOXX. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
– Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; forge any TCP/IP packet header or any part of the header information in any e-mail; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
– Transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.
– Attempt to probe, scan or test the vulnerability of our Site, system or network or to breach security or authentication measures without proper authorization.
– Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
– Interfere or attempt to interfere with the proper functioning of the Site or BOXX, including, without limitation, via means of submitting a virus to the Site or BOXX, overloading, “flooding”, “mailbombing” or “crashing.”
– Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about BOXX, other employees and representatives identified on the Site, without their express consent.
– Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the Content.
– Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Content.
– Frame or mirror all or any part of the Site without our prior express written authorization.
9. Your Account. If you create an account with BOXX to access either the Site or BOXX’s Software Products, Services, Support or for any other reason, you are responsible for (a) maintaining the confidentiality of any and all information necessary to obtain access thereto, including with limitation, your account number or user identification and your password; and (b) restricting access to your computer. You agree that you are responsible for all activities that occur under your account. Access to your account is restricted to persons who certify that they will restrict their uses of the information provided or that they are an appropriate user. By accepting and using the password, you are certifying that you agree to accept and abide by the terms and conditions herein.
10. Indemnification. You agree to defend, indemnify, and hold harmless BOXX and its affiliates and suppliers against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) arising from or incurred as a result of (a) your activities in connection with the Site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the Content by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
11. SITE CONTENT; DISCLAIMER AND LIMITATION OF LIABILITY. BOXX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THIS SITE INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS AND SUITABILITY FOR ANY PURPOSE OF SUCH INFORMATION. THE WORDS “GUARANTEED” “COMPLIANT” AND ANY VARIANTS THEREOF, EITHER SINGLY OR TOGETHER, ARE INTENDED TO BE, AND SHALL BE, SUBJECT TO AND CONSTRUED IN ACCORDANCE WITH THE LICENSE, INCLUDING WITHOUT LIMITATION, THE PROVISIONS SET FORTH IN THE LICENSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOXX EXPRESSLY EXCLUDES ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISING IN CONTRACT, STATUTE, OR OTHERWISE, AND IRRESPECTIVE OF THE NEGLIGENCE OF BOXX, ITS EMPLOYEES OR AGENTS) IN CONNECTION WITH THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY RELATING TO SATISFACTORY QUALITY, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONFORMITY WITH DESCRIPTION, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS).
ALTHOUGH BOXX ENDEAVORS TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. IN NO EVENT SHALL BOXX BE LIABLE FOR LOSS OF USE, DATA OR PROFITS OR LOSS OF BUSINESS PROJECTS OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL LOSSES OF ANY KIND, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON INFORMATION ON THE SITE OR ANY OF ITS CONTENTS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING THE SITE OR THE CONTENTS.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY.
12. Miscellaneous. BOXX does not warrant that the functions contained in this Site or its content will be uninterrupted or error-free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful components. If you are aware of any error on this Site please contact us and we will try to correct it. Please note that the Content and graphics available on this Site may be incomplete, out of date or incorrect. The Content and graphics available on this Site may be subject to change without notice.
13. Third Party Rights. Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right to enforce any provision of this Agreement or any agreement entered into in connection with it.
14. Jurisdictional Issues. The Site is controlled and operated by BOXX in Miami, Florida and is not intended to subject BOXX to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. BOXX does not represent or warrant that the Site or the Content, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Content do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
15. Governing Law; Jurisdiction and Venue. This Agreement is to be construed in accordance with and governed by the laws of the State of Florida without giving effect to any choice of law rule that would cause the laws of any jurisdiction other than the laws of the State of Florida to apply to the rights and duties of the parties. Both you and BOXX submit to the jurisdiction, and waive any right to contest the venue (including forum non conveniens), of courts in Florida and further agree that any claim or cause of action, whether in contract, tort, warranty, negligence, strict liability, product liability, statutory liability, indemnity or otherwise, arising out of, related to or in connection with this Agreement shall be brought in a Federal or State court in Miami-Dade County, Florida. The prevailing party(ies) in any such action or proceeding shall be entitled to attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled and the court shall provide.
16. Construction. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived to the fullest extent allowed by law. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement.
17. Severance & Waiver. If any provision of this Agreement is held to be unenforceable, in whole or in part, the unenforceable portion of such provision shall be struck and the remainder of such provision, the remaining provisions of this Agreement, and the applicability of the remaining provisions to other persons or entities shall not be affected. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.
18. Termination. This Agreement is effective unless and until terminated by either you or BOXX. You may terminate this Agreement at any time. BOXX may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in BOXX’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BOXX, you must promptly destroy all Content downloaded from this Site, as well as copies of such Content, whether made under the terms of this Agreement or otherwise.
19. Entire Agreement; Amendments. This Agreement, whether displayed in an electronic format or printed out on paper, sets forth the entire understanding and agreement, and supersedes any prior or contemporaneous understanding or agreement, between you and BOXX with respect to the subject matter hereof. BOXX reserves the right to amend or modify this Agreement (including, without limitation, by adding new provisions of the same or a different nature as the existing provisions of this Agreement, or by deleting provisions of this Agreement) in its sole and absolute discretion at any time by posting the amended Agreement on BOXX’s website(s), and all amended terms shall automatically be effective immediately after they are initially posted. A printout of this Agreement, if and as amended, shall be acceptable as an original document to prove the contents hereof for all purposes relating to this Agreement.
