Terms of Use

Terms of Use

This website (the “Site”) is an online information and communications service provided by Smart Parking Solutions US LP (“SMS” “we” or “our”). Please carefully read the following Terms of Use before using the Site. By using the Site, you agree to these Terms of Use. The Terms of Use set forth herein apply to all materials, content, online communications and other information that is or becomes available on the Site. If you do not agree to these Terms of Use, you may not use the Site.

Copyright
Unless otherwise stated, all content (such as text, graphics, images and other material) in the Site is the property of SMS or its content suppliers and is protected by U.S. copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of SMS and is protected by U.S.  copyright laws. All software used on the Site is the property of SMS or its software suppliers and is protected by U.S. copyright laws. Except as otherwise provided by U.S. copyright law, content from the Site may be viewed, reproduced, displayed or stored for private, noncommercial purposes only. You are also authorized to electronically copy and/or print a hard copy of portions of the Site for the purposes of using the Site or reviewing its content. Any other use, including the reproduction, modification, distribution, transmission, alteration, republication, display or performance of the content available on the Site is strictly prohibited, unless authorized by SMS.

Trademarks
All trademarks, logos, service marks, trade names and trade dress that appear on the Site (collectively “Marks”) are proprietary to SMS or other respective owners that have granted SMS the right and license to use such intellectual property. You may not use any Marks without the express written permission of SMS and are prohibited from using any Marks in any manner that is likely to cause confusion among the public or in a way that would disparage SMS or any of its affiliates. You may not use any meta tags or any other “hidden text” utilizing SMS’s name or trademarks without the express written consent of SMS. You may not frame or utilize framing techniques to enclose any portion of the Site without SMS’s express written consent.

Disclaimer
The information, services and/or products available through the Site, and the materials contained in the Site, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty or conditions whatsoever. Materials published by SMS and contained in the Site may contain typographical errors or computer errors. SMS makes no representations or warranties about the accuracy, reliability, currency, timeliness or completeness of the materials. Information available through the Site may contain references to products, programs or services that are not available in your country. SMS makes no guarantee that such products, programs or services will be made available in your country at any time. Some materials made available on the Site may be the result of research and/or contribution by independent individuals or organizations. SMS makes no representations or warranties about the accuracy of any data or conclusions reported in materials contributed by independent individuals or organizations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Product Information
Although SMS attempts to be as accurate as possible, we do not warrant that descriptions of products or services or other content of the Site are accurate, complete, reliable, current or error-free. We are not responsible for typographical errors or computer errors.

License and Site Access

SMS grants you a limited license to access and make personal use of this site. Other than as permitted above under the Copyright section, you may not download, copy (other than page caching) or modify the Site or any portion thereof. Your license to download and use the Site does not include any resale or commercial use of the Site or its contents, any collection or use of any product listings, descriptions or prices; any derivative use of the Site or its contents; any downloading or copying of account or contact information for commercial purposes; or any use of data mining, robots or similar data gathering or extraction tools. Other than as permitted above under the Copyright section, neither the Site, nor any portion thereof, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of SMS. Any unauthorized use or any violation of these Terms of Use immediately and automatically terminates the permission or license granted to you under these Terms of Use.

Privacy
You agree that SMS may use and/or disclose personally identifying information consistent with our Privacy Policy.

SMS’s Electronic Communications to You
You agree that SMS is authorized to transmit electronic mail to you for such lawful purpose(s) as SMS deems appropriate. The use of personally identifiable information about you is subject to SMS’s Privacy Policy.

Links to Other Websites and Services
The Site may contain links to websites other than our own solely for the convenience of our visitors. You acknowledge and agree that SMS does not control the content or availability of these sites and does not endorse and is not responsible or liable for their content, advertising, products, services or other materials or their collection, maintenance or use of any personally identifiable information that such third party websites might collect.

Limitation on Liability
IN NO EVENT SHALL SMS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, RELIANCE ON OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Applicable Law
You acknowledge that the Site is created and controlled by SMS from its offices in the United States. You agree that (i) these Terms of Use, the interpretation thereof and any legal action or proceeding between You and SMS or its affiliates shall be governed solely by the statutes and laws of the U.S.; (ii) the competent court in the United States District Court for the Southern District of New York shall have exclusive personal jurisdiction with respect to any matter or conflict arising in regard to the Site; and (iii) any cause of action you may have regarding or relating to the Site will expire one (1) year after the cause of action accrues, and shall be permanently rendered invalid.

Indemnity
You agree to indemnify and hold harmless SMS, its affiliates, employees, agents and assigns from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) SMS may incur (“Losses”) insofar as such Losses arise out of, are based on or relate to: (i) your access to, conduct on, or use of the Site; or (ii) your violation of or breach of these Terms of Use, any law, statute, ordinance, regulation or the rights of any third party.

Modification
SMS reserves the right, at any time in its sole discretion, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates. Your continued use of the Site after any such modification constitutes your consent and agreement to any changes to these Terms of Use.

Miscellaneous

If any provision in these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

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