Terms and Conditions
This Terms and Conditions Agreement (“Terms and Conditions”) applies to the QuikPark, Inc. (“QuikPark”) website located at http://www.quikparkinc.com (“Site”). For information relating specifically to monthly parking agreements, please reference the “Monthly Parking Tab.” Please note that these Terms and Conditions apply to your use of QuikPark’s Site. Additional terms and conditions may apply to monthly parking agreements, and those terms will be identified in such agreement. Please read the Terms and Conditions carefully before using this Site.
I. ACCEPTANCE OF TERMS
By using this Site, you, as a user (“User”) signify acceptance of the Terms and Conditions and agree to be bound thereby, and any other terms that may apply, including, without limitation, terms and conditions in any separate written contract that User may sign with QuikPark (which for purposes hereof shall be deemed included in the term “Terms and Conditions” as used herein), as may be amended from time to time. QuikPark has the right to strictly enforce any of the provisions of the Terms and Conditions. Do not use this Site if you, a User, do not accept and agree to the terms herein.
QuikPark reserves the right, at its discretion, to modify, alter or otherwise update the Terms and Conditions at any time and you, as User of this Site, agree to be bound by such modifications, alterations or updates. QuikPark will not “retroactively” change these Terms and Conditions, and any modifications QuikPark makes shall take effect proactively, the next time User accesses the Site. User’s continued use of this Site following the posting of any change to the Terms and Conditions constitutes acceptance of those changes.
These Terms shall not be assignable by User, either in whole or in part. QuikPark reserves the right to assign its rights and obligations under these Terms.
II. USE OF THIS SITE
By using this Site, each User represents that he/she is legally able to agree to the Terms and Conditions under the current laws of the applicable jurisdiction.
This Site is intended for User’s personal, noncommercial use.
This Site provides information relating to garage operations, rates, and the ability to request and/or manage a monthly parking account by making one time or re-occurring automatic payments (collectively, the “Services”). The decision to use this Site for the purposes set forth herein is and remains each User’s sole responsibility. Any and all such information contained herein is subject to change at any time; in the event of any conflict between a rate or other information set forth herein and that which is in use or effect at QuikPark’s individual parking facility, the information and rate in use at the individual parking facility shall prevail.
III. PROPRIETARY RIGHTS
This Site contains various information in the form of data, text, graphics, and other materials from QuikPark and third parties (“Site Content”). User acknowledges that the Site and various elements contained therein are protected by copyrights, trademarks, patents, or other proprietary rights (“Proprietary Rights”), and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. User also acknowledges that the Site Content is and shall remain the property of QuikPark, its successors and assigns and/or its licensees. All registered and/or unregistered trademarks used or referred to on this Site are the property of QuikPark. Users may not reproduce, use, copy, republish, upload, transmit, distribute, or modify QuikPark’s trademarks in any way without QuikPark’s prior written permission. User agrees to comply with all intellectual property laws and User shall not encumber any interest in, or assert any rights to, the Site Content. User may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.
IV. SUBMISSIONS TO THE SITE
In the event that comments and suggestions about this Site and the services provided therein are provided by User from time to time through the Site, any information, including comments, suggestions, ideas or other materials or information (“Submissions”) that User provides through this Site will become the property of QuikPark. Submissions and e-mails delivered to QuikPark are not confidential, and QuikPark is not liable for any use or disclosure of that information.
V. PERSONAL INFORMATION
VI. CODE OF CONDUCT
As a condition to User’s use of this Site, User agrees to follow QuikPark’s Code of Conduct (“Code of Conduct”), set forth below. Under this Code of Conduct, User agrees that User will not:
- Make any commercial or other unauthorized use of this Site.
- Distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, which is intentionally false, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized Proprietary Rights of any party.
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized materials, including spam or chain letters, or any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer files or programs intended to interrupt, damage, destroy or limit the functionality of, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or any computer software or hardware or telecommunications equipment or otherwise disrupt the servers or networks connected to the Site.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over this Site without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms and Conditions.
- Use the Site in a manner that could disable, overburden, or impair the Site or Services or interfere with any other party’s use and enjoyment of the Site and Services.
- Use the Website to test or reverse engineer the Site in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means QuikPark has not intentionally made available to User through this Site.
- Engage in any conduct or action that is prohibited by law or violates any federal, state or local laws or use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions. For example, User will not use this Site to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
VII. MONITORING; TERMINATION OF SERVICE
QuikPark reserves the right, in its sole and absolute discretion and without prior notice, to monitor User’s use of the Site and terminate User’s account or otherwise limit the use of this Site for any reason, including but not limited to any violation of the Terms and Conditions. QuikPark reserves the right to decide whether User’s conduct has violated any terms of the Terms and Conditions.
Although QuikPark has no – and assumes no — obligation to monitor activities on this Site, please understand that QuikPark may employ filters designed to detect and block inappropriate content under the Code of Conduct. QuikPark reserves the right to request edits to remove any information or materials, in whole or in part, that QuikPark believes, in its sole discretion, are incompatible with the Code of Conduct. IF USERDOES NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO QUIKPARK’S REASONABLE REQUESTS, QUIKPARK WILL TERMINATE USER’S USE OF SOME OR ALL OF THE SITE OR SERVICES AT ISSUE.
VIII. LINKED SITE
While every effort is made to ensure accuracy, QuikPark makes no warranty that this Site will meet User’s requirements or that it will be uninterrupted, timely, secure or error-free; nor does QuikPark make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, QUIKPARK PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
X. LIMITATION OF LIABILITY
User is solely responsible for and QuikPark has no responsibility to User or a third party for any breach of User’s obligations under the Terms and Conditions and for all activities that occur under User’s account.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT QUIKPARK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF QUIKPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
XI. REPORTS AND COMPLAINTS
If User believes that another user has acted inappropriately, such as by violating the Code of Conduct, User may report User’s concerns either via the links QuikPark has included on the Site, or by contacting QuikPark in accordance with Section XIV. If QuikPark is notified by a User that he/she believes user-generated content on the Site does not comply with the Code of Conduct, QuikPark will investigate the allegation and determine in good faith, in its sole discretion, whether to remove or block access to such content, or to take action with respect to the person or persons responsible for posting the content.
XII. USER CONDUCT; USER DISPUTES
QuikPark is not responsible for and is not liable for the content or conduct of Users. Each User is solely responsible for his/her content, conduct, and interaction with other Users, both online or offline. QuikPark has no obligation to become involved in disputes between Users. If User has a dispute with one or more Users, User releases QuikPark (and its officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
By using this Site, User agrees to indemnify QuikPark and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from User’s use of this Site, User’s violation of the Terms and Conditions, or User’s breach of any representations and warranties herein. The terms of this Article shall survive termination of the Terms and Conditions and User’s use of this Site.
XIV. CONTACT FOR ALLEGED COPYRIGHT INFRINGEMENT
QuikPark respects the intellectual property rights of others and requires that its Users do the same. If User believes that Content on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a “Work”), please notify QuikPark’s agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: firstname.lastname@example.org
User’s notice must comply with the DMCA. Upon receipt of a compliant notice, QuikPark will respond and proceed in accordance with the DMCA.
XV. GOVERNING LAW
QuikPark is organized under the laws of the District of Columbia. The Terms and Conditions shall be governed by and construed in accordance with the laws of_________________. Any controversy or claim arising out of or relating to the Terms and Conditions or relating to use of this Site and the material contained therein shall be resolved in a ___________________court. Users agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
XVI. ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement between User and QuikPark. The Terms and Conditions are subject to all state, federal, and local laws. If any provisions of the Terms and Conditions are found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable terms shall be severed from the remainder of the Terms and Conditions, and the remaining Terms and Conditions will otherwise remain in full force and effect. QuikPark’s failure to enforce any term in the Terms and Conditions will not constitute a waiver of that or any other term in the Terms and Conditions.
XVII. RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved by QuikPark.
XIV. CONTACT US
If User has any questions about these Terms and Conditions, the practices of this Site, or User’s dealings with this Site, please contact QuikPark at: email@example.com
User may contact QuikPark, for any reason, by e-mail as follows: firstname.lastname@example.org
The effective date of these Terms and Conditions is January 18, 2018.