EFFECTIVE DATE: April 10, 2017
Welcome to the ParkingCloud360 website (the “Web Site”). The Web Site is owned and operated by Cloud Stewards, LLC dba ParkingCloud360 (hereinafter, “ParkingCloud360”). ParkingCloud360 provides its services to you subject to the following conditions. If you visit this Web Site, you accept these conditions. Please read them carefully.
1 Legal Jurisdictions Only
The services and products described on this Web Site are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing on this Web Site shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.
This Web Site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without ParkingCloud360’s prior written consent, except that ParkingCloud360 grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Web Site, solely on your computer or other device and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this Web Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Web Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Web Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this Web Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, ParkingCloud360 does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Web Site on another Web site or in any other media.
Content on this Web Site may contain references to ParkingCloud360 products and services that are not announced or available in your country. Such references do not imply that that those products or services are available in your country. The contractual terms applicable to ParkingCloud360’s products and services are governed solely by the written agreements under which they are provided to its customers.
3 Forward-looking and cautionary statements
Except for historical information, statements set forth throughout this Web Site may constitute forward-looking statements within the meaning of the various securities laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially.
4 Third Party Information
Although ParkingCloud360 monitors the information on the Web Site, some of the information is supplied by independent third parties. While ParkingCloud360 makes every effort to insure the accuracy of all information on the Web Site, ParkingCloud360 makes no warranty as to the accuracy of any such information.
5 Linking to this Web Site
All links to this Web Site must be approved in writing by ParkingCloud360, except that ParkingCloud360 consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Web Site; (b) misrepresent your relationship with ParkingCloud360; (c) imply that ParkingCloud360 approves or endorses you, your Web Site, or your service or product offerings; and (d) present false or misleading impressions about ParkingCloud360 or otherwise damage the goodwill associated with the ParkingCloud360 name or trademarks. As a further condition to being permitted to link to this Web Site, you agree that ParkingCloud360 may at any time, in its sole discretion, terminate permission to link to this Web Site. In such event, you agree to immediately remove all links to this Web Site and to cease using any ParkingCloud360 trademark.
6 DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY LAW, USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PARKINGCLOUD360 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PARKINGCLOUD360 MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7 LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PARKINGCLOUD360 BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF PARKINGCLOUD360 IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
8 Applicable Law