Parallel Spaces Maps, LLC and parkken Terms Of Service

Welcome to Parallel Spaces Maps, LLC’s parallelspaces.com and parkken.com website (the "Site"). We welcome you to use the interactive automotive vehicle parking maps made available through the Site (the “Services”). Use of the Site and Services is contingent upon your acceptance of and compliance with these Terms of Service (the "Agreement") and our Privacy Policy which is recited separately. This Agreement constitutes a valid and binding agreement between Parallel Spaces, Maps, LLC, (the "Company," “PS” "us", "we") and you ("you," "your", "user," "member"). If you have any questions about this Agreement, please send us an e-mail at membership@ParallelSpaces.com.

IF YOU DO NOT ACCEPT THIS AGREEMENT, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.

1. ELIGIBILITY. You must be 16 years of age or older to enter this Site and/or use the Services on your own. If you are under the age of 16, please exit the Site. PS reserves the right to ask for proof of age and to withhold or terminate your membership if you are below the specified age requirement. Registration or membership with the Site is void in any jurisdiction where prohibited. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE. PS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. PS reserves the right, at its sole discretion, to change its fees and billing methods, including the addition of supplemental fees or separate charges for content, or services provided by PS. Without limiting the foregoing, there shall be no refund of any user’s first monthly payment and no user may “downgrade” or “upgrade” its account within the first twenty four hour period of opening such account. After the first twenty-four hour period has expired, you may cancel or change the status of your account by using the “My Account” link on the Member’s Page. Changes to this Agreement will be effective when posted. PS will notify all users by way of announcement on the Site, if and when changes are made. You agree to review this Agreement periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications.

3. REFUND AND/OR BILLING POLICY. The ParallelSpaces.com membership can be tried and tested at no cost to users and, for this reason, we have a No Refund policy for users who choose to sign up for any paid Membership Level. There shall be no refunds and no user may “downgrade” or “upgrade” his or her membership within the first twenty-four hour period of opening an account or changing the Level of Membership. After the initial twenty-four hour period a user can “downgrade” or “upgrade” his or her Membership Level no more than once every twenty-four hour period by clicking on the “My Account” link on the top of the Members Page and selecting a new Membership Level. As long as no Membership Level change for that user has taken place in the previous twenty-four hours, such new change will take effect once a user’s credit card processing has completed. In the extraordinary event a user’s credit card processing for a Membership Level change has been completed and such user’s new Parking Plan has not gone into effect, such user should cancel such Membership Level change as soon as possible and notify us by email to membership@ParallelSpaces.com or at (888) 775-7353 detailing the nature of the difficulty and confirming user's wish to cancel such change. Such extraordinary event may entitle the user to a refund and will be reviewed on a case-by-case basis. Such notification will only be considered received when confirmed by email response from Parallel Spaces Maps, LLC.

Parallel Spaces Maps, LLC shall automatically renew a user’s account, for the same Parking Plan subscription amount each month, with the credit card on file until such time as a user changes his or her Membership Level. After a change in Membership Level is effected, Parallel Spaces Maps, LLC shall automatically renew a user’s account for the new Parking Plan subscription amount each month on that day of the month the latest change was initiated. This is an ongoing monthly subscription whereby a user will need to cancel or “downgrade” their account to the free Membership Level to discontinue such automatic billing.

It is the user’s responsibility to ensure that they meet the compatibility requirements as discussed on the FAQs page. However, in the event that a user has fulfilled all of the requirements and is still having a problem for whatever the reason, the user can send an email to membership@ParallelSpaces.com detailing their operating system and browser version or call us at (888) 775-7353 describing the nature of the difficulty. And if, at that time, a user is unable to effect a cancellation or “downgrade” of Membership Level on their own, they may also request such change in their email. Such requests will only be considered received when confirmed by email response from Parallel Spaces Maps, LLC.

By agreeing to this Terms of Service members accept the services as is and understand we can provide no guarantees that the site will be error free and/or available 100% of the time. After the initial twenty-four hour period, users may “downgrade” or “upgrade” their Membership Plan at any time, but no more than once every twenty-four hours.

In the event that a user issues a chargeback or reversal of charges without first following the foregoing Refund And/Or Billing Policy, user will be responsible for a $25.00 billing service fee.

4. PROVISION OF THE SERVICES BY PS. PS may resort to subsidiaries and/or third parties (“Subsidiaries and Third Parties”) to provide all or a portion the Services to you on behalf of PS. You acknowledge and agree that Subsidiaries and third Parties will be entitled to provide the Services to you. PS is constantly striving to improve the Service and provide the best possible maps for its users. You acknowledge and agree that the form and nature of the Services which PS provides may change from time to time without prior notice to you. You acknowledge and agree that PS may stop (temporarily) providing the Services (or any features within the Services) to you or to users generally at PS’ sole discretion, without prior notice to you. You acknowledge and agree that if PS disables access to your account, you may be prevented from accessing the Services, your account details or any maps or other content which is contained in your account temporarily.

5. NON-COMMERCIAL USE ONLY. Unless specifically agreed to by PS in writing on a case by case basis, in PS' sole discretion, members may only use the Site and or the maps, data, or information contained within for personal use and not in connection with any commercial endeavors. In no event may you reproduce, duplicate, copy, sell, trade or resell the Services and/or any of the maps or information contained within the Site for any purpose. You agree to access the Services only through the web browser interface that is provided to you by PS through the Site, or by printing PS maps to hard copy if your membership expressly permits such printing.

6. SOFTWARE. At any time, PS may, in its sole discretion, provide to users certain software that may be either accessible, useable, or downloaded from, by, or through the Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by PS or a third party software provider ("Third Party"). In the event that the Software is proprietary to PS, under no circumstances shall title to the software be transferred to you by PS. PS retains full and complete title to the Software, and all intellectual property rights therein. Should PS make available for access or download, a third party's software ("Third Party Software") through the Site, your access or download and use of such Third Party Software shall be subject to the terms of use set forth by such Third Party, and any applicable license agreement in connection with its software. PS does not grant you the right to redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, unless such right is specifically granted herein.

7. ACCOUNT SECURITY. You will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your account. You agree that you will (i) immediately notify PS of any unauthorized use of your user name or password and (ii) ensure that you properly exit any services and/or the Site at the completion of your session. PS shall have no liability for any loss or damage arising from your account or your failure to comply with these requirements.

8. REGISTRATION ACCURACY. In consideration of your use of the Site you agree to: (1) provide true, accurate, current and complete information about yourself in responding to and completing the Site's registration form (the "Registration Information"); and (2) keep the Registration Information true, accurate, current and complete by maintaining and promptly updating it. If you provide any information that is untrue, inaccurate, not current or incomplete or PS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PS has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

9. ADVERTISEMENTS. PS may choose to support some or all of the Services by advertising and may accordingly display advertisements and promotions. These advertisements may be targeted to queries made through the Services, including without limitation, addresses and/or neighborhoods, or other information. The manner, mode and extent of advertising by PS on the Services are subject to change without specific notice to you. 9. OWNERSHIP AND INTELLECTUAL PROPERTY. Any and all materials, including without limitation, any maps, PS furnishes through the Site are the sole property of PS and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever.

10. OWNERSHIP AND INTELLECTUAL PROPERTY. Any and all materials, including without limitation, any maps, PS furnishes through the Site are the sole property of PS and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever.

11. USER SUBMITTED CONTENT. By using the Site for engaging in any manner of communications, including but not limited to posting forum messages, or inputting or posting data, you irrevocably agree that any such content and materials, including any and all underlying intellectual property rights, shall become the sole property of PS. PS reserves the right to copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content, materials and rights in any manner whatsoever, throughout the world, in perpetuity, without any payment or credit obligations to you or to those who provided you such content, rights, and materials. You acknowledge that any postings to the Site forums should be limited to parking and parking related issues only.

12. COMPLIANCE WITH LAW. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to PS personnel or another user or subscriber.

13. TERMINATION. You understand and agree that PS may, in its sole discretion and at any time, terminate your password, or any content posted or submitted by you to the Site or any service, for any reason. PS may also, in its sole discretion and at any time, discontinue any service or limit or restrict any user's access thereto, for any reason. You understand and agree that PS may take any one or more of these actions without prior notice to you. Should PS take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that PS shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your account.

You agree not to use or attempt to use the Site, for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:

1. The violation of any applicable law or regulation;
2. The posting or transmission of materials and/or content that you do not have the right or authorization to post or transmit;
3. The posting or transmission materials and/or content that infringes a third party's rights;
4. Posting or transmitting content that is in PS's sole discretion and judgment is considered unlawful, defamatory, infringing, libelous, slanderous, indecent, improper, offensive, in bad taste, inconsistent or disparaging to PS's, its trade name, and public image;
5. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
6. Deleting, tampering with or revising any material posted by any other person or entity;
7. Accessing, tampering with or using non-public areas of the Site or any PS website or PS's computer systems and network;
8. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
9. Attempting to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers;
10. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
11. Using or attempting to use the Site to send altered, deceptive or false source-identifying information;
12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
13. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Site or any other user, overloading, "flooding," "spamming," "crashing," or "mail bombing" the Site; or
14. Impersonating or misrepresenting your affiliation with any person or entity;
15. Attempting to resell, license, or otherwise commercially exploit the Services, the Site, and/or any materials made available through the site, including but not limited to maps made available through the Site.

14. LINKED SITES. PS is not necessarily affiliated with Web sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.

15. PARKING DATA AND CONTENT DISCLAIMER. You acknowledge that parking regulations are subject to temporary or permanent change and that PS has no control or discretion over such changes. The maps and information made available through the Site and Services is entirely based on, derived from, and otherwise provided by data, materials, and information compiled by the New York City Department of Transportation (“Department Data”), which is updated at the Department of Transportation’s sole discretion. PS makes no representation as to the accuracy of the Department Data or its suitability for any purpose and disclaims any liability for omissions or errors that may be contained therein. YOU FURTHER ACKNOWLEDGE THAT AT ALL TIMES YOU MUST OBSERVE THE ACTUAL POSTED SIGNAGE THAT GOVERNS ANY PARKING SPACE, PRIOR TO PARKING YOUR VEHICLE IN SUCH SPACE, IN ORDER TO DETERMINE IF PARKING THERE SHALL VIOLATE ANY APPLICABLE LAWS AND REGULATIONS. PS MAKES NO WARRANTY OR REPRESENATION THAT USE OF THE SITE AND/OR SERVICES WILL PREVENT YOU FROM VIOLATING ANY APPLICABLE LAWS AND REGULATIONS.

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ALL SERVICES PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO MAPPING, FORUMS, AND PARKING INFORMATION, ARE ON ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. PS DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PS DOES NOT GUARANTEE THAT THE MAPS, MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. PS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.

PS EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES.

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PS' LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO PS'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.

17. HOLD HARMLESS AND INDEMNIFICATION. By using the Site and/or Services, you agree to indemnify and hold PS and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, and employees harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.

18. GOVERNING LAW. If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, U.S.A. and the federal laws of the United States of America, without regard to its conflict of law provisions and excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You expressly agree to submit to the exclusive jurisdiction of the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 17. PS’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall abridge PS’s rights to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PS with respect to such use.

19. SEVERABILITY. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

20. ENTIRE AGREEMENT. It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

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Parallel Spaces Maps, LLC Privacy Policy

At Parallel Spaces Maps LLC, parallelspaces.com and parkken.com ("PS ", "Company," "us," "we," or "our"), we recognize and respect the importance of maintaining the privacy of our customers, and as a result, we have established this Privacy Policy for the parallelspaces.com and parkken.com websites (the "Site"). This online privacy notice discloses PS’ information practices for the Site, including what type of personal identifiable information is requested from you ("you," "your", "user") in order to setup a user page, upload user materials, and/or subscribe to the Site’s services, how the information is used, and with whom the information is shared. If you have any questions about this Privacy Policy, please send us an e-mail at membership@parallelspaces.com.

Note: You must be 16 years old or older to register as a customer of PS.

1. Information That May Be Collected and Identifying Information. In order to access user services provided by the Site, without limitation, PS may request and collect: the user's full name and postal address, credit card information, home and work telephone numbers. PS may request additional information necessary to establish and maintain user's account.
1. "Personal information" is generally defined as individually identifiable information, such as a first and last name; a home or other physical address including street name and city or town; an e-mail address; a telephone number. PS only collects personal information as is reasonably necessary to facilitate credit card payment and the services offered through the Site. PS may use cookies to store pertinent user information during a session.
2. Use of personal information: We use the information we collect from users only for internal business purposes.
3. Lost or Stolen Information. If a user's credit card, and/or password is lost or stolen, the user should promptly notify the Site in order to enable the Site to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
4. Links to Other Web Sites. The Site may contain links to other web sites. PS is not responsible for the privacy practices or the content of those other web sites.
2. Uses Made of the Information. Without user's prior consent, PS will not use your personal identifiable information for any purpose other than that for which it is submitted. PS uses personal identifiable information to facilitate credit card payment, open and maintain accounts, reply to inquiries, handle complaints, provide operational notices and program record-keeping. The Site also processes billing and business requests related to Site participation.
1. The information you provide to the Site may also be collected, used, analyzed and/or processed by PS, or selected third parties on the Site's behalf, for marketing and other business purposes. Before PS uses the information, however, PS will notify users and offer users the opportunity opt-out if a user wishes not to have personal identifying information used in this way.
3. Agents. PS employs or engages other companies and individuals to perform business functions on behalf of the Site. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, removing repetitive information from user lists, analyzing data, providing marketing assistance, processing credit card payments and providing user services. Any supplied billing information shall be encrypted for transmittal to a third party intermediary for processing. Such billing information is used only to bill you for those products or services you choose to purchase and/or subscribe through the Site. The encryption process is designed to scramble your billing information for protection against unauthorized misappropriation by third parties. As the technological landscape is constantly changing, no security system is absolutely secure. PS cannot and does not guarantee the security of any of its databases and information contained therein, nor can PS guarantee any supplied information will be absolutely secure from interception during transmission to the Site over the Internet.
4. PS may release personal information to appropriate governmental authorities where release is required by law (for example, a subpoena) or by a regulation, or is requested by a government agency conducting investigations or proceedings.
5. Data Tracking and Cookies. The Site is not set up to track, collect, or distribute personal information not entered by visitors. The Site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but, again, the statistics contain no personal information and cannot be used to gather such information.
1. (b) Use of Cookies. The Site, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including ''cookies''. A cookie is an alphanumeric identifier that a Web site can transfer to user's hard drive through user's browser. The cookie is then stored on user's computer as an anonymous tag that identifies the user's computer, but not the user. Cookies may be sent by the Site or its third party vendors. Customer can set its browser to notify user before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Web sites may not then work properly.
2. (c) Collection of Non-Identifiable Information. The Site may collect non-identifiable information from user visits to the Site in order to provide better user service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on the Site; Site and system administration; user analysis; and business decision making. Such information is sometimes known as ''clickstream data.'' PS or its contractors may use this data to analyze trends and statistics.
6. Information Security & Commitment to Online Security. PS employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. To achieve information security and quality, PS implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information.
1. (b) No Liability for Acts of Third Parties. PS will exercise all reasonable efforts to safeguard the confidentiality of user personal information. However, as the technological landscape is constantly changing, no security system is absolutely secure. Consequently, PS shall not be liable for unauthorized disclosure of personal information due to no fault of the Site including, but not limited to, errors in transmission and unauthorized acts of third parties.
2. (c) Unauthorized Third Party Attempts to Secure Information. Users hereby acknowledge and agrees that any personal information disclosed on or through the Site shall be at his or her own risk with a reasonable understanding and awareness of the attendant security and privacy risks, including but not limited to the limitations on the security and authentication measures employed by the Site, attempts, threats, and schemes employed by third parties to eavesdrop, phish, crack, hack, and falsely retrieve passwords, and attempts, threats, and schemes employed by third parties to damage, contaminate, or otherwise compromise user computers through viruses, trojan horses, worms, time bombs or cancelbots, or other types of malicious computer code, materials, and components. Users hereby acknowledge that PS shall bear no liability or responsibility for any damages arising out of or in connection with any inadvertent disclosure of any user personal information.
7. Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about PS compliance with this privacy policy, you may contact PS by e-mail at membership@ParallelSpaces.com.