Terms of Use

Welcome! By using the ParkWhiz.com website, you agree to be bound by the following terms and conditions (the "Terms of Use"). This Agreement incorporates by reference the following policies and documents also found on this Site:

Acceptance

The following terms and conditions govern your use of the parking information, materials and documents being made available to you at this website (the "Materials"). By using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this website or the Materials. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Reservation of Rights

The ParkWhiz name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of ParkWhiz, LLC. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any ParkWhiz or third party trademarks or logos without the prior written consent of ParkWhiz or the applicable trademark owner.

The service provided by ParkWhiz is limited to: informing our customers, of the location and apparent availability of parking. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.

For clarification, ParkWhiz does not:

Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting in our behalf;
Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers;
Warrant that the Internet, our website or any email from us is free of 'viruses' or other potentially harmful effects;
Endorse the use of cell-phones while driving;
Guarantee the actual availability of a specific parking spot in the location you selected;
Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.

This Site is intended for personal, noncommercial use. You may not use robots or other automated means to access this Site, unless specifically permitted by ParkWhiz. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without ParkWhiz's prior written consent is prohibited.

Cancellations and Refunds

All ParkWhiz reservations are fully refundable up to 24 hours before the start of the reservation. Parking customers can cancel their reservation for any reason before this time. Parking sellers will not be charged any fees for canceled reservations.

Event Protection™ and Contingent Events

Reservations that come with Event Protection™ will be fully refunded if the contingent event is canceled or postponed prior to the scheduled start of the event. Parking that offers Event Protection will have it clearly listed in the parking description and on the reservation ticket.

Parking reservations that do not include Event Protection™ are NOT refundable after 24 hours prior to the start of the reservation for any reason, including cancellation of contingent event.

Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.

Privacy Policy

You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by ParkWhiz, LLC and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. ParkWhiz, LLC makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. ParkWhiz, LLC will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of ParkWhiz, LLC and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to Other Web Sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

API and Developer Programs

This ParkWhiz Developer API License Agreement including all documents, agreements and policies that are incorporated into the Agreement by reference and all materials contained on the Developer Site or provided to you by us (collectively, the "Agreement"), describes the terms under which ParkWhiz, Inc. ("ParkWhiz") offers you a license to use the ParkWhiz Application Programming Interface in the form provided by ParkWhiz (the "API"). If you are not willing to accept any of the terms of this Agreement, you may not use the ParkWhiz API.

Modifications to Agreement

ParkWhiz reserves the right to update and change, from time to time, the terms of this Agreement by posting the amended terms under the Terms of Use. All amended terms shall be effective when they are posted on the Terms of Use. Use of the API after the date on which such changes become are posted shall constitute your acceptance of such changes.

API License

Subject to the terms and conditions of this Agreement, ParkWhiz hereby grants you a non-exclusive, non-transferable, non-sublicenseable license to use the API and the information ParkWhiz provides or makes available to you (the "ParkWhiz Content") solely in accordance with this Agreement. You may do the following under this Agreement:

Enable the software application that you develop, own and operate (your "Application") to interact with the ParkWhiz public database (the "Database") and retrieve therefrom information necessary to facilitate the use of www.ParkWhiz.com and all other web sites that are owned or operated by ParkWhiz (collectively, the "ParkWhiz Site") by third parties through your Application in accordance with this Agreement (the "Permitted Use");
Make limited intermediate copies of the ParkWhiz Content only as necessary to perform an activity permitted under this Agreement; and
Display ParkWhiz Content in accordance with this Agreement (including all materials provided to you by ParkWhiz or contained on the Developer Site).

You may engage in the activities permitted above solely for the Permitted Use.

ParkWhiz shall provide you with confidential security keys and related passwords, if necessary (collectively, the "Client ID") that will permit you to access the Database. The Client ID is the property of ParkWhiz and may be immediately revoked or terminated by ParkWhiz if you share the same with any third party, if compromised by a third party or if you use or access the API, ParkWhiz Content or the Database in any way not expressly permitted under this Agreement. ParkWhiz reserves the right to modify, change, update and/or enhance the API, permitted API calls, the Database, the Permitted Use and/or the ParkWhiz Site (each a "Modification") at any time with or without notice to you in ParkWhiz's sole and exclusive discretion. You acknowledge and agree that such Modifications may affect your Application and/or your site and may require you to make changes to your Application and/or your site at your cost to enable your Application and/or your site to continue to be compatible with, and/or interface with, the API, Database or the ParkWhiz Site. Without limiting the "Disclaimer of Other Warranties and Limitation of Liability" section below, ParkWhiz shall not be liable for any costs incurred by you, lost profits or damages of any kind arising out of or in connection with any Modification.

General License Conditions and Restrictions

Your use of the ParkWhiz API is subject to the following conditions:

You shall not use the API, the Database or the ParkWhiz Content in any way not expressly permitted or granted under this Agreement;
During the term of this Agreement and following its expiration or early termination, you shall not use (or facilitate use of) any alternative means such as robots, spyders, scraping or other technology to access, query or use the ParkWhiz Site, the Database or ParkWhiz Content to obtain any information, other than as provided by ParkWhiz to you pursuant to this Agreement;
You shall not distribute, publish, facilitate, enable or allow access or linking to the ParkWhiz Content or Database from any location or source other than through your Application;
You shall not provide ParkWhiz Content to any third parties not expressly authorized by this Agreement and you shall not permit or enable third parties to copy or obtain ParkWhiz Content from your Application or your site in any unauthorized manner including, but not limited to, the use of using robots, spyders, scraping or any other technology;
You shall not collect personally identifiable information of any user of the ParkWhiz Site through your Application;
You shall not modify, decompile or otherwise alter the API or the Database;
You shall not commercialize (i.e., sell, rent or lease), copy, store or cache the ParkWhiz Content, other than for the intermediate purposes allowed by this Agreement;
Your Application and your use of the API, ParkWhiz Content and Database shall not: (i) be false, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination or false advertising); (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (vi) create liability for us or cause us to lose (in whole or in part) the services of any internet service provider or other suppliers; and
You shall not knowingly create a software application that may be used to violate the ParkWhiz Terms of Use set forth at http://www.ParkWhiz.com/terms or any other ParkWhiz policy.

Approval

You shall be responsible for all costs you incur in association with any required approval of your Application and any modifications necessary to meet the approval criteria and you will not be permitted to publicly display your Application until approval is complete.

Display of ParkWhiz Content

You may only display the ParkWhiz Content in accordance with the guidelines set forth herein (including those provided to you by ParkWhiz or contained in the Developer Site).

Display of Logo

ParkWhiz hereby grants you a non-exclusive license to display the ParkWhiz Logo as described herein (including those provided to you by ParkWhiz or contained in the Developer Site). Notwithstanding anything to the contrary herein, ParkWhiz shall retain final approval over the placement of each such ParkWhiz Logo on your Application and your site, which such approval may be withdrawn or withheld in ParkWhiz's sole discretion.

Ownership; Sublicensing

As between ParkWhiz and you: (i) ParkWhiz retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the API, Database, ParkWhiz Content, ParkWhiz Site, and any and all ParkWhiz services and any content created or derived therefrom; and (ii) you and your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by ParkWhiz. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by ParkWhiz or its suppliers. You shall not take any action inconsistent with ParkWhiz's ownership of the API, Database, and/or ParkWhiz Content. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.

Competitive or Similar Materials

In no event shall ParkWhiz be precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing or developing for third parties, as well as marketing and/or distributing, materials which are competitive with your Application and/or other products or services provided by you (collectively, "Products"), irrespective of their similarity to current Products or Products that you may develop hereafter.

Uptime

ParkWhiz makes no guarantees with respect to the availability or uptime of the ParkWhiz Site, the API, the ParkWhiz Content or the Database. ParkWhiz may conduct maintenance on any of the foregoing at any time with or without notice to you.

API Call Limitations

The number of API calls you will be permitted to make during any given time period will be limited as described in the materials provided to you by ParkWhiz or on the Developer Site. ParkWhiz will determine, in its sole and exclusive discretion, such API call limit (the "Call Limitation") based on various factors selected by ParkWhiz. Such factors may include, without limitation, the ways in which your Application may be used and/or the anticipated volume of usage associated with your Application. ParkWhiz may, in its sole and exclusive discretion, suspend your access to the API with or without notice to you in the event you exceed the Call Limitation.

Security and Stability

You acknowledge that it is in the best interests of both parties that ParkWhiz maintain a secure and stable environment, to that end, ParkWhiz reserves the right to change the method of access to the API, the Database and/or ParkWhiz Content at any time. You also agree that, in the event of degradation or instability of ParkWhiz's system or an emergency, ParkWhiz may, in its sole discretion, temporarily suspend your access to the API, Database and/or ParkWhiz Content under this Agreement. Your continued access to the API, Database and ParkWhiz Content is subject to your compliance with the following security standards:

You agree to maintain reasonable safeguards to protect the security of all information provided to you by ParkWhiz and to use such information only as intended under this Agreement.
You agree to adhere at all times to reasonable security practices, as specified in current industry literature on topics relevant to your interaction with ParkWhiz.
You agree to immediately notify ParkWhiz in writing upon your discovery a breach of security of your facility, systems or site where ParkWhiz Content or data relating to any use of the ParkWhiz Site has been acquired by an unauthorized person.

In addition to the foregoing, you agree that ParkWhiz may monitor your use of the API, your Application and the ParkWhiz content in order to ensure that all such use is proper and intended primarily to direct customers to the ParkWhiz site for legitimate purposes.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Exceptions

The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process.

If you have any questions or concerns regarding our usage agreement, please email us at info@parkwhiz.com.

Last modified on September 9, 2010.

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