Last Updated June 25 2019
This website located at www.parkplusinc.com (the “Website”) is provided by Park Plus, Inc. (“Park Plus”), in conjunction with third parties. Park Plus, together with its affiliated companies, as well as their respective officers, directors, employees, shareholders, agents, successors, assigns, vendors, and any other party involved in the creation, operation, production and transmission of this Website, shall be referred to as the “Park Plus Parties”, “Us”, “We” or “Our”, as contextually appropriate.
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) shall govern your use of this Website, including all pages within this Website.
These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
1. Your Eligibility and Use of this Website.
This Website is accessible around the world and may be operated from various locations both within and outside of the USA. User access to this Website is governed by all applicable federal, state and local laws. All information on this Website may also be subject to U.S. export control laws as well to the laws of the country in which you reside.
2. Intellectual Property Rights.
The Park Plus Parties and/or its licensors and/or its suppliers own all rights to the intellectual property and material (including all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, and other content) contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. You may not reproduce, copy, modify, display, create derivative works, or distribute this Website or any portion thereof, nor may you deface or remove any proprietary or intellectual property notices associated with this Website or any portion thereof.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website or the Park Plus Parties;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website or the Park Plus Parties, or to any other person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you and the Park Plus Parties may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.
You are responsible for maintaining the confidentiality of any account information established by you on this Website and for restricting access to such account information as well as to your computer. Any user ID and password you may have for this Website or any account information established by you are confidential and you must maintain confidentiality of such information.
4. Your Content and Any Information You Provide.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to submit to or otherwise display on this Website, in any form. Any of Your Content is and will be considered to be non-confidential, non-personal, and non-proprietary to you or anyone else, and may be disseminated or used by the Park Plus Parties freely without compensation or remuneration to you or anyone else, and without any acknowledgment that that you or anyone else is the source of any of Your Content.
With respect to Your Content, by displaying it, you grant the Park Plus Parties a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media, and you waive any rights of authorship or attribution (including any “moral rights”) in and to any of Your Content. You acknowledge and agree that the Park Plus Parties has no control over, and shall have no liability for any damages resulting from, the use (including any republication) of Your Content, including by any third party.
You hereby represent and warrant to the Park Plus Parties that Your Content shall not contain any software viruses, spyware, any form of “SPAM”, commercial solicitation or chain letters, or any other content that is prohibited by these Terms. Your Content must be your own and must not be infringing on any third party’s rights. The Park Plus Parties reserve the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No Warranties.
This Website is provided “as is,” with all faults, and the Park Plus Parties make no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website (including but not limited to the accuracy, completeness, product or service attributes, or timeliness of this Website, or to any materials contained therein). Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PARK PLUS PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN ANY APPLICABLE WARRANTY ACTS INCLUDING MAGNUSSSON MOSS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. TO THE EXTENT CONTRARY TO NEW JERSEY LAW, THIS PARAGRAPH 5 DOES NOT APPLY TO NEW JERSEY RESIDENTS.
6. Limitation of Liability.
In no event shall the Park Plus Parties be liable to you for anything arising out of or in any way connected with your access to, use, inability to use, or browsing of this Website, or the downloading by you of any material or contents therefrom (including from computer viruses downloaded to your computer or network), whether such liability is under contract, tort or otherwise, and the Park Plus Parties shall not be liable for any indirect, consequential, punitive or special liability damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or in any way related to your access to, use, inability to use, browsing, or the results of, this Website.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. TO THE EXTENT CONTRARY TO NEW JERSEY LAW, THIS PARAGRAPH 6 DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Except for any of the following directly arising from the gross negligence or intentional conduct of the Park Plus Parties, you hereby indemnify and hold harmless to the fullest extent the Park Plus Parties from and against any and all liabilities, costs, claims, demands, causes of action, damages and expenses (including reasonable attorney’s fees and court costs) arising out of or in any way related to your misuse of this Website, your violation of the rights of any third party, or your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unlawful, unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall either be (1) restated to the maximum extent permissible to give meaning to its intent so as to be lawful, valid and enforceable, or (2) if incapable of being so restated, deleted, without affecting the remaining provisions herein.
9. Variation of Terms.
The Park Plus Parties may revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
10. Links to Your or to Third Party Websites.
You may not create or maintain (on behalf of yourself or others) any link from another website to this Website (or any page thereof), without the prior express written permission of the Park Plus Parties. Any links which may be permitted by the Park Plus Parties to this Website must comply with all applicable laws and regulations.
Any links contained on this Website to a third-party website (“Third Party Linked Websites”) are provided solely for the convenience of the users of this Website. Unless otherwise specified by the Park Plus Parties in writing, none of such Third Party Linked Websites are governed by these Terms, and the Park Plus Parties are not in any way responsible for the content, materials, or other information found on such Third Party Linked Websites.
You should exercise care in accessing any such Third Party Linked Websites from this Website.You should carefully review the terms and conditions of any Third Party Linked Websites before accessing, or allowing any children under the age of 13 to access, such Third Party Linked Websites.
Your access to such Third Party Linked Websites from this Website is entirely at your risk.
The Park Plus Parties shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Park Plus Parties and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Disputes and Arbitration.
Unless you proceed against Us in small claims court, the Federal Arbitration Act and/or federal arbitration law apply to these Terms. You agree that any arbitration or other proceedings between you and Us shall be conducted on an individual basis by you and not in any purported class action, or consolidated or representative action. Similarly, you shall not commence any arbitration proceeding against Us as a representative of others.
All arbitrations shall be conducted before JAMS in accordance with its Commercial Arbitration Rules. The place of the arbitration shall be at the JAMS facility in your area, unless the arbitration is conducted by telephone or upon written submissions only. The arbitration shall be conducted by a single arbitrator under JAMS’ (1) Streamlined Arbitration Rules and Procedures, for claims up to $5,000, or (2) Comprehensive Rules and Procedures, for claims more than $5,000. The arbitrator’s award and ruling shall be final and binding on you and Us.You also agree that the arbitrator shall not have any authority to award class-wide relief. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees for the arbitration. Except where prohibited by law, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs.
If any of the requirements of this Paragraph 13 are found to be unlawful, invalid or unenforceable, then to the extent legally permissible any such offending requirements shall either be (1) restated to the maximum extent permissible to give meaning to its intent so as to be lawful, valid and enforceable, or (2) if incapable of being so restated, deleted, without affecting the remainder of this Paragraph 13 and in order that any disputes between you and We as set forth in this Paragraph 13 are submitted to arbitration. If for any reason a claim proceeds in court rather than arbitration, both you and We hereby waive any right to a jury trial.
14. Governing Law & Jurisdiction.
These Terms, as well as the resolution of any disputes between you and Us as set forth in these Terms, will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its choice of law principles. In the event a dispute between us is resolved in the courts rather than arbitration, you submit to the exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any such disputes.To the extent not contrary to New Jersey law and in jurisdictions where otherwise prohibited by law, any claim or dispute by you against Us must be brought within one (1) year from the date the cause of action arises.
16. Contact Us.
If you have any questions or issues related to the Website or these Terms, please Contact Us:
Address: 83 Broad Ave, Fairview, NJ 07022