TERMS OF USE

(Effective March 1, 2010)

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND INTERPARK. BY ACCESSING AND/OR USING THIS SITE, YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, THEN DO NOT USE THIS WEB SITE.

This web site ("Site"), is provided by InterPark LLC ("InterPark," "we," "our," or "us"). These Terms govern your use of this Site. However, when you enter into transactions via this Site, such as making a parking reservation, obtaining a monthly parking pass, or conducting other parking-related transactions, such transactions will be subject to a separate agreement that will be disclosed to you at the time you register for an account or at the time you make the reservation or conduct the transaction.

Please also review the terms of this Site's Privacy Policy.

LIMITED LICENSE

Subject to these Terms, InterPark grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and to download and print the information and other content on the Site ("Materials") only as incidental to your personal and business activities conducted on the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

You may not: (1) modify, adapt, translate or create derivative works based upon the Materials; (2) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to discover the source code of any of the Site's software, or reduce such software to a human readable form, or permit third parties to do so, or print or copy the HTML or other computer programs that are viewable at the Site; (3) resell, sublicense, publicly display, perform, distribute or publish the Site or any copy of the Materials, in any medium (including other web sites or intranets), except that you may distribute permitted copies as incidental to your personal and business activities conducted on the Site; (4) remove, obscure, or alter any copyright notice, trademark, or other proprietary rights notices affixed to or contained within the Site and the products and services offered therein; (5) create any frames at any other web sites pertaining to or using any of the Materials provided through the Site; or (6) incorporate any of the Materials made available on the Site in any other database or compilation, unless expressly permitted in writing.

You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, InterPark does not grant any express or implied right to you under any patents, trademarks, copyrights or to any of InterPark's trade secret information.

ACCOUNTS & REGISTRATION

Certain areas of this Site may require you to register, establish an account and user profile, or may otherwise ask you to provide information to participate in certain features, obtain certain services or access certain Materials. The decision to register or provide such information is purely optional; however, if you elect not to register or provide such information, you may not be able to access certain Materials, obtain certain services or participate in certain features of this Site. When you provide information to this Site, you agree to provide only true, accurate, current and complete information. You also agree to promptly update your user profile as necessary to ensure that such information at all times remains accurate and complete. Information provided during the registration process will be treated in accordance with our Privacy Policy. We reserve the right, in our sole discretion, to reject your registration for any lawful reason, and to terminate your account or otherwise deny you access without notice and without liability.

PASSWORD SECURITY

Users who have registered or established an account may also be required to select or obtain a valid username and password. Passwords must contain between eight and twelve characters and at least one numeral. You are responsible for the proper use and security of your password, and agree to take all reasonable precautions to protect the security and integrity of your password and to prevent its unauthorized use. Your password should never be shared with anyone, including others within your organization. You will be solely responsible for all actions taken through the use of your password. You must immediately notify InterPark in writing if you become aware of any unauthorized access to or use of your password and/or the Site, or if your password is lost or stolen. Such notice, however, does not release you from responsibility for any unauthorized access to the Site, or any losses suffered by you, other users or InterPark, facilitated through the loss or unauthorized use of your password.

USER CONDUCT

You agree that you will not:

  • (a)  
    Use the Site in any manner that could damage, disable, overburden, or impair the Site.
  • (b)  
    Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, InterPark reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.
  • (c)  
    Disrupt or interfere with any other person's use of the Site or affiliated or linked sites.
  • (d)  
    Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
  • (e)  
    Use or attempt to use another's account, service, or system without authorization from InterPark.
  • (f)  
    Create or use a false identity on the Site.
  • (g)  
    Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
  • (h)  
    Use any robot, spider, or other automatic device to monitor or copy the web pages or the content contained at the Site.
  • (i)  
    Allow access to or use the Site or any component thereof by or for the benefit of any third parties who are not users, including, without limitation, providing timeshare services, service bureau services, outsourcing or consulting services, without InterPark's prior written consent, or for any unlawful purpose or in furtherance of any unlawful purpose.
  • (j)  
    Upload or transmit to InterPark's Site or computer systems any computer virus, worm, time bomb, or other harmful programming routine.
  • (k)  
    Incorporate into another site or other service any intellectual property of InterPark or its licensors.
  • (l)  
    Create the appearance, by linking or otherwise, that you or any third party is associated with or sponsored by InterPark.

THIRD-PARTY SITES

As a convenience to you, InterPark may provide, on this Site, links to web sites operated by other entities. If you use these web sites, you will leave this Site. If you decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. InterPark makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that InterPark endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of InterPark or any of its affiliates or subsidiaries.

EXTERNAL LINKS TO THE SITE

All links to this Site must be approved in writing by InterPark, except that InterPark consents to links in which: (i) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (ii) the appearance, position, and other aspects of the link neither creates the false appearance that an entity or its activities or products are associated with or sponsored by InterPark, nor damages or dilutes the goodwill associated with the name and trademarks of InterPark or its affiliates. InterPark reserves the right to revoke this consent to link at any time in its sole discretion.

AGREEMENT TO PRIVACY POLICY

Information will be collected, processed, used, communicated, and disclosed by InterPark for the purposes of monitoring your accounts and business, servicing your account, enforcing InterPark's rights, providing and offering products and services and to facilitate transactions that you enter into with InterPark. You can find further information on the collection, use, communication and disclosure of personal information in the Privacy Policy, which is incorporated by reference into these Terms. Information that you provide via the Site, together with information regarding the manner in which you use the Site, will be used, processed, communicated and disclosed as permitted by these Terms, the Privacy Policy, other agreements between the parties related to such information, and as otherwise permitted by law. In the event of any conflict between these Terms or any other terms on the Site, these Terms shall control.

INFORMATION PROVIDED BY YOU

Any Personal Information (as defined in the Privacy Policy you may provide to InterPark via this Site is covered by the Privacy Policy. InterPark does not want you to, and you should not, send any confidential or proprietary information to InterPark via this Site. You agree that any information or materials that you or individuals acting on your behalf provide to InterPark will not be considered confidential or proprietary except insofar as the Privacy Policy governs our use of Personal Information (as defined in the Privacy Policy). You further recognize that InterPark does not want you to, and you warrant that you shall not, provide any information or materials to InterPark that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

DISCLAIMER OF WARRANTIES

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. INTERPARK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. INTERPARK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. INTERPARK MAY MAKE ANY OTHER CHANGES TO THIS SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

INTERPARK, ITS PARENT, AFFILIATES, AND TRUSTED THIRD PARTIES (AS DEFINED IN THE SECTION TITLED "THIRD PARY BENEFICIARIES"), AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT INTERARK IS FOUND TO BE LIABLE, INTERPARK'S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100. WITHOUT LIMITING THE FOREGOING, INTERPARK, ITS PARENT, AFFILIATES, AND TRUSTED THIRD PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF ANY INFORMATION SENT OR RECEIVED, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN INTERARK AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION

WAIVER AND RELEASE

You release, discharge and hold harmless InterPark and its respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of any negligent act committed by or on behalf of InterPark in connection with the operation or use of the Site. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST INTERPARK OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

INDEMNITY

You agree to indemnify, hold harmless, and defend InterPark and its respective directors, officers, employees and agents (each, an "Indemnitee") from and against any and all liabilities, damages, costs, losses and expenses, including settlement awards and reasonable costs and attorney's fees (for both in-house and outside counsel), incurred by an Indemnitee that arise out of your: (a) breach of these Terms; (b) violation of any law; (c) infringement or misappropriation of any third party's rights; or (d) use of information posted on or made available through the Site.

NO CONFIDENTIAL, FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP WITH INTERPARK

You acknowledge that by using the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and InterPark, other than the express contractual relationship provided in these Terms and any other written agreement between you and InterPark (including monthly or other parking agreements). We reserve the right at all times to fully cooperate with any law enforcement authorities, or comply with any court order or subpoena requesting or directing us to disclose any information concerning a user of the Site. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS INTERPARK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INTERPARK DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INTERPARK OR LAW ENFORCEMENT AUTHORITIES.

CHANGES

InterPark reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on this Site so that they are accessible via a link on the home page, and that your use of this Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using this Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of this Site from that point forward. IN THE EVENT OF ANY MATERIAL CHANGE TO THESE TERMS, A NOTIFICATION WILL ALSO BE POSTED ON THE SITE FOR THIRTY (30) DAYS.

InterPark may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of this Site, at any time. InterPark may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. InterPark may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

COMPLIANCE WITH LAWS

You agree to comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof ("Laws") of the United States or any other jurisdiction where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled, operated and administered by InterPark from its offices within the United States of America. InterPark makes no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States. Access to the Materials is prohibited from territories where their contents are illegal or in which use of them would subject InterPark to any registration requirement. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and the State of Illinois without giving effect to its conflict of laws provisions.

UCITA DISCLAIMER

You agree that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to these Terms. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.

PARTY BENEFICIARIES.

InterPark's contractors, vendors, distributors or business partners (collectively, "Trusted Third Parties") may provide software, hosting and/or other functions related to the operation of the Site. Trusted Third Parties are intended third party beneficiaries of these Terms. Except as expressly stated in the preceding sentence, InterPark and you do not intend to confer any benefit hereunder on any person or entity other than the parties hereto

TERM AND TERMINATION

InterPark reserves the right to terminate your access to and use of this Site in its sole discretion, without notice and liability, including, without limitation, if InterPark believes your conduct fails to conform with these Terms. InterPark also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to this Site or InterPark. Any violation of these Terms may be referred to law enforcement authorities.

Upon termination of your access to this Site, or upon demand from InterPark, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of this Site.

COPYRIGHT AND TRADEMARK INFORMATION

"InterPark," the InterPark "P" (with the downward-pointing arrow), and all other trademarks, unless otherwise noted, are owned or licensed by the InterPark, its parent, affiliates or subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.

Adobe®, Acrobat®, and Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries - for further details please see http://www.adobe.com.

ENTIRE AGREEMENT; GENERAL PROVISIONS

These Terms, together with the Privacy Policy, constitute the entire agreement between InterPark and you relating to your use of this Site, and supersede all prior or contemporaneous agreements with respect to the subject matter hereof. (Note that these Terms apply only to your use of this Site. When you enter into a transaction via this Site, such as making a parking reservation or obtaining a monthly parking pass, such transactions will be subject to a separate agreement that will be disclosed to you at the time you enter into the transaction.) InterPark may assign its rights and obligations under these Terms but you may not. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. Except for those rights specifically waived by you herein, any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against either party. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

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