Findparking.com, Inc. ("Findparking.com " or "we" or "us" or "our") honors the security of our clients ("client" or "you") irrespective of whether they access our site www.findparking.com, including other media structures and channels related or associated thereto (collectively, the "Website") to obtain services from Findparking.com.
Kindly note that by utilizing Findparking.com (counting Findparking.com and its related sites, services and tools), you concur, by default to the accompanying terms and conditions with Findparking.com, Inc. The following describes the terms on which Findparking.com offers you access to our services:
USER CONTRACT DETAILS
You agree to be bound by this agreement by acknowledging this acceptance during the registration process (if applicable) and by continuing to use the website. If you do not agree to abide by this agreement or modifications that Findparking.com may make to this agreement in the future, do not use/access or continue to use/ access the Findparking.com services or the website.
Findparking.com is designed to act as a marketplace. We have developed this website to act as a forum to advertise on-site parking reservation services. This website does not market or monitor the inventory of resources available to the service provider. Service Providers are obliged by Findparking.com to comply with federal , state, local laws , guidelines, regulations and requirements relating to the provision of certain products, facilities, marketing and security procedures.
Findparking.com and Service Providers shall be responsible for any theft or harm to the user's car, car products or any other valuable property belonging to the user. Service Providers and Findparking.com are also not responsible for any general or personal injury that might occur to the customer when he / she is on the premises.
Purchase and Fee Payment
All orders are placed through online method at Findparking.com. The buyers are billed directly to Findparking.com for their orders, with "Findparking.com" appearing on the records. Findparking.com shall not, however, be deemed in any way to be the provider of these services. Credit card information will be given to the Service Providers on a variety of occasions and, in such cases, the Service Provider will be responsible for billing you directly. The customer will be informed at the time of delivery if you are billed directly by the Service Provider. In such situations, you hereby allow Findparking.com to transfer your credit card details to the Service Provider for authentication and subsequent processing.
Mode of Payment
All major credit cards such as Visa , MasterCard , American Express & Discover are accepted by Findparking.com. Customers can choose any of the payment methods mentioned below. All online transactions made through Findparking.com are secured with industry-standard Verisign SSL data encryption that supports 128-bit encryption. In order to protect our customers from unethical practices such as credit card fraud, the billing address on your address form must match the billing address to which your monthly credit card statement is mailed.
Disclaimers regarding Price and Information
Kindly be informed that all rates are subject to change. We endeavor to accurately show prices and statistics for all of the services we provide. The rates and other information of lot/garage displayed here are provided by our service providers. If a service is advertised or given to us at an incorrect price or with incorrect details due to typographical error or other errors in pricing or service information obtained from our Service Providers, Findparking.com and/or Our Service Provider reserves the right to deny or cancel any request made for such services. Findparking.com and/or the Service Provider reserves the right to decline or cancel any such request, irrespective of whether the order has been approved and/or the credit card has been charged. If your credit card has been charged for transaction and your request is declined due to improper details given by the Service Provider, we will promptly issue a refund to your card account for the cost of the fee. Prices, prices and inventories are subject to availability by the Service Provider.
Selling Terms and Conditions
Kindly read the fine print of the purchase agreement. The customer acknowledges and agrees by this selling agreement and recognizes its terms and conditions (unless the customer has signed a separate formal purchasing agreement with Findparking.com, in which case it is regulated by a separate agreement).
Relevant Details of the Contract
This Sale Agreement is a legal arrangement between the Consumer and Findparking.com. The Customer acknowledges this Selling Agreement by making a payment, placing an order or by making a purchase on the Website (the reference to "you" or "your" refers to the Customer; the reference to "Findparking.com" refers to Findparking.com and its affiliates). The terms and conditions of this Selling Agreement shall be subject to modification without advance notice, except that the terms and conditions posted on the Website at the time the Consumer first places or amends the Order shall regulate the order in question. This Selling Agreement represents the entire agreement between the Customer and Findparking.com concerning the purchase or sale on the Site of goods or services. The Selling Agreement can only be revised or terminated in respect of products or services that have been purchased or sold on the Website by means of a written contract signed by Findparking.com. Electronic documents (including signatures) that are otherwise valid shall be recognized in compliance with the Selling Agreement. The Customer consents to receive electronic records which may be made accessible via a web browser or an e-mail application linked to the Internet; customers may revoke their consent to receive electronic records or to have the record delivered in a non-electronic form by contacting Findparking.com at the address given below. In the case of any discrepancy between the terms and conditions of your purchase order and this Sale Agreement or any terms and conditions of our invoice, you agree that the provisions of this Sale Agreement and our invoice shall be reviewed by us.
Place of Jurisdiction
This Agreement and any transactions thereunder shall be governed by the laws of the State of California, without regard to any conflict of laws. The consumer consents to the jurisdiction of the federal or state courts located in Santa Clara County , California, for any complaint, complaint or proceeding arising out of the selling agreement.
Findparking.com hereby expressly disclaims all guarantees, stated or implied, including, without limitation, any guarantee of merchantability or fitness for a specific purpose. This disclaimer by Findparking.com would not in any way impact the terms of the manufacturer's warranties, if any.
Internet usage needs access services from the distributor of Internet access. Make sure to contact access provider for prices, terms and conditions.
Findparking.com shall not be liable for loss of earnings, loss of business or any actual, extraordinary, indirect or punitive damages, even though it has been notified of the probability of such damage caused, or for any claims made by any third party, except as expressly given herein. Findparking.com would not be responsible for goods or services not available for use or for missing or damaged data or software. Notice that the customer acknowledges that Findparking.com is not responsible or liable for any amount of damages in excess of the actual dollar sum charged by the customer for the transaction(s) pursuant to this Agreement for any liability relating to the purchase of goods or services.
All allegations, conflicts or conflicts (whether in contract, incorrect or otherwise; whether pre-existing, current or future, including contractual, common law , international wrongdoing and legitimate allegations) arising out of or relating to the sale agreement or its interpretation, violation, termination or validity, of the relationships resulting from the sale agreement (including, to the fullest extent possible, from or arising out of the sale agreement) After the claim has been filed, the code and, if any in-person hearing is needed, it shall be held in Santa Clara, California. Any court having jurisdiction over the claim in question can decide on the award of the arbitrator(s). However, each party shall bear its own costs for any legal representation, investigation or analysis needed to conclude the arbitration.
You are not permitted to access or use the Findparking.com website for any reason other than that for which Findparking.com makes it available. The Website is purely for the personal use of people. It can not be used in conjunction with any commercial activity other than those expressly supported or accepted by Findparking.com. The list of prohibited practises shall include, but is not limited to:
A) illegal or tortuous acts, including child pornography, trafficking in pornographic content, drug smuggling, gambling, fraud , abuse, stalking, copyright infringement, spamming, theft of trade secrets or patent infringement;
B) Advertisement to, or invitation from, any consumer to purchase or sell any of our products or services, unless approved by Findparking.com;
C) Systematic extraction of data or other content from the Website for the purpose of creating or compiling, directly or indirectly, a list, archive, folder or directory without the written permission of Findparking.com;
D) Engaging in illegal framing or linking to the Website;
E) allowing some unauthorised use of Findparking.com Services, including the collection of user names and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mails;
F) sending chain letters or spam emails to other users;
G) use any information obtained from the Website to contact, promote, solicit or sell to any user without their prior express consent;
H) interfere with, interrupt or impose an unreasonable burden on the Website or the networks or resources linked to the Website;
I) Engaging in some automated use of the framework, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data collection and extraction tools;
J) using the username of another user;
K) the attempt to impersonate another consumer or person;
L) Selling or otherwise moving your profile;
M) use any information obtained from the Website to threaten, assault or harm another person;
N) the deciphering, decompiling, disassembling or reversing of any programme comprising or in some way forming part of the Website;
O) use the Findparking.com Service as part of any attempt to compete with Findparking.com or to offer services as a service office;
P) Attempts to circumvent some measure of the Website designed to prohibit or limit access to the Website or any section of the Website;
Q) Showing an advertisement or accepting payment or something of value from a third party in return for some commercial activity on or via the Website on behalf of that entity, such as posting blogs or newsletters for commercial purposes;
R) Bullying, irritating, insulting or threatening any Findparking.com staff or agents involved in delivering some portion of Findparking.com services to you;
S) Use of the Website in a way that is compatible with all relevant laws and regulations.
T) removing copyright or other exclusive rights notices from any Contribution or Findparking.com Content
In the event of conflicts between users of the Website or between users and any third party, you understand and accept that Findparking.com is under no obligation to participate. If you have a dispute with one or more other users, you hereby release Findparking.com, its officials, staff, agents and heirs in respect of lawsuits, lawsuits and damages (actual and consequential) of any kind or existence, known or unknown, alleged or unsuspected, revealed or reported, arising out of or in some way relevant to such conflicts and/or the services of Findparking.com.
Every issue of rights, laws and remedies relating to any act, incident or occurrence performed while searching or relating to this website or the services of Findparking.com shall be regulated by and interpreted by the law of the State of Delaware, except any conflict of laws of that State. Any civil proceedings of some sort by or against Findparking.com arising out of or relating to this website and the Findparking.com services shall be brought solely by the relevant federal or state courts situated within or within the jurisdiction of Santa Clara County , California; subject, however, to the right of Findparking.com, to Findparking.com's absolute discretion. You also hereby agree to (and deny any challenge or appeal to) personal jurisdiction and jurisdiction in the courts referred to above. However, the operation of the United Nations Convention on Contracts for the International Selling of Goods is exempt from this Agreement. Furthermore, the operation of the Standard Computer Information Transaction Act (UCITA) is also exempt from this Agreement. In no case shall any argument, action or proceeding by you relating in any way to the website and/or the Findparking.com service (including the use or use of the website and/or the Findparking.com service) be implemented for more than two ( 2 ) years after the cause of the action has occurred in the first place.
Information that includes typographical errors, inaccuracies, or omissions that may relate to service specifications, pricing, availability, and various other details will be made available on the Website from time to time. Findparking.com reserves the right to correct any inaccuracies, omissions or mistakes and to alter or upgrade the available details at any time without prior notice.
Findparking.com, Inc. does not have a complete control of the nature of all the content available on the Website or the services offered on the Website. We do not control and are not responsible for unlawful or otherwise objectionable services or content that you may encounter on the Website or in correlation with any vendors or contributions. By operating the Website, Findparking.com, Inc. does not represent or imply that Findparking.com, Inc. endorses any seller, seller's products, blogs, contributions or other content or products available on or linked to the Website, including without limitation the content hosted on third-party websites, or that Findparking.com, Inc. believes that it is services, contributions, blogs or other content that are hosted on third-party websites. Findparking.com, Inc. is not responsible for the conduct of any user of the Website or of Findparking.com, Inc., whether online or offline.
While using our website , you agree that your use of the website and any of the following Findparking.com services will be at your own risk. Findparking.com makes no warranties or promises as to the quality or completeness of the content of the Website or the content of any website linked to this Website and accepts no responsibility or liability for any (a) mistakes, errors or imprecisions in the content and materials, (b) personal injury or damage to property of any kind arising from your access to and use of our Website. Findparking.com, its officers, directors, members , employees and agents shall, to the fullest extent permitted by law, disclaim all warranties, express or implied, in co-relation with and use of the website and Findparking.com services. It is also recommended that, as with the purchase of a product or service through any medium or setting, you should use your best judgement and exercise reasonable caution where applicable. Findparking.com does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered through the website, any hyperlinked website or featured in any banner or other advertisement. Findparking.com will also not be a party to or in any way responsible for monitoring any transaction between you and the suppliers of products or services.
Under no event shall Findparking.com, its directors, members , employees or agents, in any way, be liable to the user or any third party for any and all indirect, exemplary, consequential, incidental, punitive or special damages. This also includes any loss of profit resulting from your use of either the Website or the Findparking.com list of services, even if FIndparking.com has been advised of the potential for such damages. Notwithstanding anything to the contrary contained herein, the liability of Findparking.com to you for any cause whatsoever and irrespective of the form of action, shall at all times be limited to the amount paid (if any) by the user to Findparking.com to access our services for a period of 1 month prior to any cause of action arising.
It is also pointed out to the user that certain laws of the State do not allow the limitation of implicit guarantees or the exclusion or limitation of certain damages. If you happen to be in a state or jurisdiction where these laws apply, some or all of the disclaimers or limitations referred to above may not apply to you and you may have additional rights.
If you are a resident of California, you are entitled to waive the California Civil Code section 1542, which reads: "General release does not extend to claims that the creditor does not know or suspect to exist in his favour at the time of the release which, if known to him, must have materially affected his settlement with the debtor."
You consent to compensate, protect and hold Findparking.com, its affiliates, subsidiaries and their respective owners, agents, partners and employees responsible from and against any loss, damages, liability, lawsuits or requests, including fair attorneys' fees and expenses, incurred by either party on or on the basis of your donations, the use of Findparking.com services, including, but not limited to, the use of Findparking.com services. Findparking.com will also ensure that appropriate attempts are taken to inform the consumer of any other allegation, action or proceeding that is subject to such indemnification upon being aware of the developments. Notwithstanding the above, as Findparking.com reserves the right, at your expense, to claim exclusive protection and control over any matter over which you are expected to indemnify Findparking.com. You therefore agree to comply, at your expense, with the protection of Findparking.com in the matter of such allegations.
Findparking.com can, from time to time, conduct prize draws that entitle the winners to prizes. However, please notice that each sweepstake has its own terms and conditions set out in the official rules for the prize draw.
Any notifications issued to Findparking.com shall be sent to email@example.com via e-mail (except as expressly stated otherwise). Any updates given to users shall be sent to the email provided by the users themselves during the registration process, or to any other address which may be specified by each party. Please note that all such alerts shall be deemed to be received 24 hours after the e-mail has been sent, unless and only if the sender has been informed that the e-mail address is invalid. Alternatively, we may also choose to send notifications through discussion forum posts or through regular mail.
United States Export Controls
Software from this website is also subject to export controls by the United States. No software may be downloaded from the Website or otherwise exported or re-exported I to (or to) Cuba, Iraq , Libya, North Korea, Iran , Syria or any other country to which the US has embargoed goods; or (ii) to any person on the US Treasury Department 's list of Specially Designated Nationals or the US Trade Department's Table of Deny Orders. Through installing or using software, you represent and warrant that you are not located in, under the jurisdiction of, or a national or citizen of any country or list of any kind.
This Agreement contains the whole agreement between you and Findparking.com concerning the use of Findparking.com Services. Please note that the failure of Findparking.com to exercise or implement any right or obligation included in this Agreement shall not serve as a waiver of that clause or right. Findparking.com can, at any time, delegate any or all of its rights and obligations to others. This Agreement shall function to the fullest extent permitted by law. Section titles of this Agreement shall be for convenience only and shall have no legal or contractual effect. This Agreement and your account may also not be allocated to you without our express written consent. Where any provision or part of a provision of this Agreement is unconstitutional, invalid or unenforceable, the provision or part of that provision shall be deemed to be excluded from this Agreement. This does not affect the validity and enforceability of any remaining provisions. Findparking.com shall not be liable for any loss, harm, delay or failure to act caused by any cause beyond the reasonable control of Findparking.com.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
If you conclude that the material available on or through the Findparking.com website infringes one or more of your copyrights, please notify our Copyright Agent immediately through mail, e-mail or fax ('Notification') of the information listed below which notification is made pursuant to DMCA 17 USC. Article 512(c)(3). Please be aware that, according to federal law, you can be found liable for damages if the information you have provided is incorrect in the Notice. It would be wise to consider contacting a lawyer first if you are not sure if the content on or connected to the Website infringes your copyright. The Organization shall have a procedure to terminate repeat infringers in reasonable circumstances. A copy of the notice you have received will be sent to the person who has posted or stored the material mentioned in the notice.
The following should be included in all notifications:
A) the physical or electronic signature of a person allowed to act on behalf of the owner of an exclusive right that is claimed to have been infringed.
B) Description of the content alleged to be infringing or to be the target of infringing activity and to be withdrawn or to be disabled, and information reasonably sufficient to enable the Company to locate and identify the material.
C) Recognition of copyrighted works alleged to have been infringed or, where several copyrighted works on a single online website are subject to a single notice, a representative list of such works on that website.
D) A declaration that the complaining party claims in good faith that the use of the content in the manner complained of is not allowed by the copyright owner, his agent or the law.
E) Details reasonably necessary to allow the Company to contact the complaining party, such as an address, telephone number and, where appropriate, an e-mail address at which the complaining party may be located.
F) a declaration that the information in the notice is correct and, under penalty of perjury, that the requesting party is allowed to act on behalf of the owner of the exclusive right allegedly infringed.
We will also notify the alleged infringer of the DMCA statutory counter-notification procedure listed below that the alleged infringer may respond to your claim and request that we restore this content.
If you claim that your own copyrighted material has been removed from the Website and/or Company Services as a result of error or misidentification, you can send a written counter-notification ('Counter Notification') to our Appointed Copyright Agent pursuant to DMCA 17 USC. § 512(g)(2) and (3) respectively. To ensure that your Counter Notification under the DMCA is accurate, your Counter Notification must include the following:
A) Description of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
B) a promise that you will approve the processing service from the party that has requested the request or the representative of the group.
C) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located or, if your address is outside the United States, to any judicial district in which the Company is located.
D) A declaration under penalty of perjury that you have a good faith belief that the material in question has been removed or disabled as a result of an omission or misidentification of the material to be removed or disabled.
E) Your name, address and phone number.
F) Your physical or electronic signature.
You may also apply your Counter Notification to our Copyright Agent by fax, e-mail as set out above.
If you send us a correct, written Counter Notification that satisfies the requirements mentioned above, we will restore your deleted or disabled material within 10 business days but not later than 14 business days from the date we receive your Counter-Notification. This will only be delayed if, and only if, our Copyright Agent first receives notice from the party filing the original Notification informing us that that party has brought a legal action to prevent you from engaged in infringing activities related to the material in question. However, please note that if you make a material error that disabled or deleted content has been removed by accident or misidentification, you may be liable for damages, including costs and fees. Filing a false counter notice is perjury.