Legal Notice

Your use of this Parkmobile, LLC website (“Site”) is subject to the terms of a legal agreement between you and Parkmobile, LLC (“Parkmobile,” “our,” “us,” or “we”), the terms and conditions of which are set out in this Legal Notice (“Notice”).   You must adhere to the terms of this Notice.  You may not use our Site without agreeing to the terms and conditions set out in this Notice and your use of the Site constitutes unequivocal acceptance of the terms and conditions set out in this Notice, without limitation, restriction, or qualification.  If you do not agree with the terms, conditions, and restrictions set forth in this Notice, your only recourse is to not use the Site.  Please note that there is a specific Privacy Policy found on this Site that applies to this Site.  Please also note that, should you elect to sign up for, register for, download, or use our mobile parking transaction application and related elements and services, or create an account with us, you will additionally agree to the Parkmobile Terms of Use, found on this Site. 

Whether registered or unregistered patents, trademarks, trade names, servicemarks, logos, company names, brand names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices; any pending applications for seeking registration or grant of rights; and any other intellectual property or proprietary notices (collectively the "Marks"), together with the information and content displayed, presented, or controlled, or otherwise included in or on the Site, including, but not limited to: (i) the text, graphics, images, depictions, digital downloads, drawings, video, audio, animation, software, and their related files; (ii) the arrangement of such on the Site; (ii) the look and feel of the Site; (iii) the user experience of the Site; (iv) the color combinations; button shapes, sizes, icons, images, organization; and (v) other graphical elements including all derivative works of the foregoing (collectively the “Materials”), as displayed on the Site and/or viewed on or obtained through this Site are the property of Parkmobile, its affiliates, suppliers, representatives, and/or agents.  You acknowledge and agree that the Materials are protected by U.S. (federal and state), and international copyright, trademark, and unfair competition laws. For example, Parkmobile owns a copyright in the organization, arrangement, and enhancement of the Materials, as well as in the Materials original to itself. Third parties whose Materials appear on this Site own the copyright in such Materials that are original to them. The look and feel of this Site, and the user experience, including our color combinations, button shapes, images, organization, and other graphical elements, are copyrighted and trademarked by us. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by us in writing or unless expressly authorized by this Notice.

Provided you fully comply with this Notice, we grant you a limited, non-exclusive, non-transferable, revocable license to view and print the Materials solely for your own personal, non-commercial use. We only grant you such license under the terms and restrictions specified in this Notice and you do not, and will not, acquire any other right, title or interest in the Materials. You may not commercially exploit the Materials or the underlying data. Without limiting the foregoing, you may not (i) create derivative works of the Materials, (ii) use any data mining, robots, or similar data gathering and extraction tools on the Materials, (iii) frame any portion of the Materials, or (iv) print or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without our prior written consent or except as expressly allowed by this Notice.  You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials or Site by reverse engineering, disassembly, reverse assembly, decompilation, reverse compilation, or any other means. To the extent the printing of Materials is expressly permitted by this Notice, all Materials you print must include all Marks, copyright notices, and/or proprietary legends. You may not alter or remove any Mark, copyright notice, or proprietary legend contained in or on the Materials. You acknowledge that any breach of the portions of this Notice related to our intellectual property rights may give rise to irreparable harm to Parkmobile for which the granting of monetary damages would be an inadequate remedy. You therefore acknowledge and agree that, if you breach the portions of this Notice related to our intellectual property rights, Parkmobile shall be entitled, in addition to all other available remedies, to seek interlocutory, interim, and permanent injunctions or other appropriate orders to restrain any continued breach of these guidelines (“Equitable Relief”) without having to prove that actual damage has been sustained by Parkmobile.

We endeavor to ensure the accuracy and quality of the Materials on our Site, but we make no warranty as to the accuracy, quality, or completeness of the Materials. Our Site may contain references and links to other websites on the World Wide Web and we do not endorse or maintain these websites or the information provided on them. Parkmobile does not (i) assume any responsibility or liability for obscene, incorrect, defamatory, or other improper or illegal material that may reside elsewhere on the World Wide Web and accessed through or from our Site nor (ii) make any warranty or endorsement regarding the quality of products and services offered, promoted, contained, or distributed through third-party websites.

THE MATERIALS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES, BUG FIXES AND/OR ENHANCEMENTS OF THE SITE AND/OR THE MATERIALS. THIS SITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. PARKMOBILE, LLC, ITS PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, REPRESENTATIVES, AGENTS, OR RESELLERS (COLLECTIVELY, THE “PARKMOBILE COMPANIES”) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, SECURE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY THE PARKMOBILE COMPANIES SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY (IF ANY) OF ANY KIND THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS SITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.

We have the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Site or Materials, including, but not limited to, the software, content, hours of availability, or the availability of the Site or Materials on any particular device, operating system, or communications service. We have no obligation to provide you with notification of such changes.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE PARKMOBILE COMPANIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PARKMOBILE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE PARKMOBILE COMPANIES BE HELD RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS SITE.

You acknowledge that breaches by you of this Notice will give rise to rights of action allowing Parkmobile to enforce the terms and conditions of this Notice, including all rights arising under federal and state laws pertaining to copyright, trademark, patent, trade secret, and other proprietary rights. You agree that, if we do not exercise or enforce any legal right or remedy which is contained in this Notice (or as to which we have the benefit under any applicable law), this will not be taken to be a formal waiver of Parkmobile’s rights and that those rights or remedies will still be available to Parkmobile.

This Notice and any disputes hereunder, will be governed by and construed in accordance with the laws of the State of Georgia, excluding its principles of conflicts of law. You and Parkmobile each submit to the exclusive jurisdiction of the federal and state courts located in Fulton County, Georgia for the resolution of all legal matters arising out of this Notice. Notwithstanding the previous sentence, you agree that it shall be nevertheless permissible for Parkmobile to apply for Equitable Relief in any jurisdiction.

It is recommended that you print a copy of this Notice locally and retain it in your files.  Please note, however, that we have the right at any time to change, modify, amend, revise, or replace this Notice by posting such changed notice on the Site and such new version of this Notice shall govern your use of the Site. We have no obligation to provide you with notification of such changes.  You are bound by such changes and should therefore visit this page to review the current Notice from time to time.

 

August 31, 2016 version.  This version supersedes and fully replaces all prior versions of this Notice.