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SUBSCRIBER AGREEMENT AND TERMS OF USE FOR WEBSITE WITH USER-GENERATED
MATERIAL
1. Read This: This Terms of Use Agreement (“Agreement” or “Terms of Use”) is
made by and between Exchange Parking Inc. [hereinafter "Company"], a Vancouver, BC, Canada
corporation, with offices at 1060 Alberni Street, and you, the user (“you”, “your” or “User”).
This Agreement contains the complete terms and conditions that govern the use of the Company’s
website(s) ("Website" or "Websites" or "Site"). BY CLICKING THE "I AGREE" BUTTON OR BY
ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS
WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE
"SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS
WEBSITE. COMPANY AND YOUR BUILDING STRATA/HOA RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO
MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS
WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF
THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO link to updated Agreement. You are hereby put on
notice that you are obligated to periodically review this document to make yourself aware of any
changes hereto and any continued use of the Site shall constitute your acceptance thereof.
2. Access to This Site: To access this Site, Site resources, links, or other
content, you may be asked to provide certain registration details or other information. It is a
condition of your use of this Site that all the information you provide will be correct,
current, and complete. If Company/Strata/HOA believes the information you provide is not
correct, current, or complete, They have the right to deny access to this Site, or to any of its
resources, and to terminate or suspend your access at any time.
3. Applicable Use of Site: You may use this Site only for purposes expressly
permitted by this Agreement. As a condition of your use of Company's Websites, you warrant to
Company/Strata/HOA that you will not use the Websites for any purpose that is unlawful, immoral,
selling products, contacting users for purposes other than parking exchange, or otherwise
prohibited by these terms, conditions, and notices.
4. No Co-Branding or Framing: You may not use or authorize any party to
co-brand or frame any Company Websites without the express prior written permission of an
authorized representative of Company in each instance. For purposes of these Terms of Use,
"co-branding" means to display a name, logo, trademark, trade name, service mark, or other means
of attribution or identification of any party in such a manner as is reasonably likely to give a
user the impression that such other party has the right to display, publish, or distribute this
Site or content accessible within this Site. For purposes of these Terms of Use, "framing"
refers to displaying any Company webpage within a bordered area of another website, regardless
of whether the address of the originating Company Website is visible. Furthermore, you agree to
cease any unauthorized co-branding or framing immediately upon notice from Company.
5. No Unlawful Access: You agree that you will not use Company's Websites in
any manner that could in any way disable, overburden, damage, or impair the Websites or
otherwise interfere with any other party's use and enjoyment of the Websites. You further agree
that you will not obtain, or attempt to obtain, any materials, content, or information by any
means not expressly made available or provided for through the authorized use of the Websites.
The sole purpose of this website is for facilitating parking exchange between users and nothing
else unless the nature of business for the Company changes/expands. Any use other than the sole
purpose is strictly forbidden and a breach of this agreement/terms.
6. Personal and Non-Commercial Use Limitation: Company's Websites are for your
personal and non-commercial use unless otherwise specified in writing. You may not use any
Company Website for any other purpose, including any commercial purpose, without the prior
express written permission of an authorized representative of the Company in each instance,
which permission will be at Company’s sole and absolute discretion. You must not post, upload,
or link to anything that advertises any commercial endeavor (e.g., offering for sale any
products or services, pursuing relationships with others on the platform, etc.) or otherwise
engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors
for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce,
publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any
intellectual property rights related to any information, content, software, products, or
services obtained from or otherwise connected to Company's Websites, in whole or in part.
7. Proprietary Information: All content found on the Company Websites (the
"Content") is considered the copyrighted and trademarked intellectual property of Company or of
the party that created and/or licensed the Content to Company. No rights or title to any of the
Content contained on any Company Website shall be considered transferred or assigned to the User
at any time. Subject to all applicable laws, you agree that you will not copy, distribute,
republish, modify, create derivative works of, or otherwise use the Content in any unauthorized
way, without the prior written consent of Company in each instance, except that you may print
out and/or save one copy of the Content for your personal use only.
8. Submissions: You hereby grant to Company a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works of, distribute, perform, and display all content,
remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature
communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and
to incorporate any Submission in other works in any form, media, or technology now known or
later developed. You agree that Company will not be bound to treat any Submission as
confidential and may use any Submission in its business (including without limitation, for
products or advertising) without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability as a result of any similarities that
may appear in future Company operations. Company will treat any personal information that you
submit through this Site in accordance with its Privacy Policy as set forth on this Site.
9. Hyperlinking. This Site may be hyperlinked to and by other websites which
are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a
service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or
Company. Company has not reviewed any or all of such sites and is not responsible for the
content of any linking sites, and any links made directly from a Company Website to another web
page should be accessed at the User's own risk. Company makes no representations or warranties
about the content, completeness, quality or accuracy of any such website, and as such, shall not
be liable in connection with any loss, damage, cost or injury associated with any access thereto
via this Site.
10. Use of Communication Services. Company's Websites may contain forums,
bulletin board services, chat areas, message boards, news feeds, news groups, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
allow you to communicate with the Internet community or with a group (collectively,
"Communications Services"). You agree to use the Communication Services only to post, send, and
receive messages and content that are considered proper and related to the particular
Communication Service. Among other actions, when using a Communication Service, you agree that
you will not post, send, submit, publish, or transmit in connection with this Site, or cause to
be posted, sent, submitted, published or transmitted, any material that:
(a) you do not have the right to post, including without limitation any proprietary material of
any third party protected by intellectual property laws (or by rights of privacy or publicity);
(b) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal
or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule,
or regulation;
(c) is vulgar, obscene, pornographic, incendiary, or indecent;
(d) threatens or abuses others;
(e) is libelous or defamatory towards others;
(f) is racist, abusive, harassing, threatening or offensive;
(g) seeks to exploit or harm children by exposing them to inappropriate content, or asking for
personally identifiable details or information;
(h) harvests or otherwise collects information about others, including e-mail addresses,
financial information or other personally identifying information, without their prior express
consent in each instance;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates or forges headers or identifiers to disguise the origin of content;
(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a file
that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(k) advertises any commercial endeavor (e.g., offering for sale products or services) or
otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as may be specifically
authorized on this Site;
(l) solicits funds, advertisers or sponsors for any purpose;
(m) includes programs that contain viruses, worms and/or Trojan horses or any other computer
code, files, or programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications device;
(n) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise acts in a way which affects the ability of other people to engage in
real-time activities via this Site;
(o) amounts to a pyramid or other like scheme, including without limitation contests, chain
letters, and surveys;
(p) disobeys any policy or regulations including any code of conduct or other guidelines
established from time to time regarding the use of this Site and/or any networks connected to
this Site; or
(q) Allow someone else to use your account that is not the person signing up for this service
and who is not an occupant within the building that is authorized by building
management/strata/HOA or decision makers of the building.
(r) contains hyperlinks to other sites that contain content that falls within the scope of this
Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to
posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by
such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions.
You acknowledge and agree that neither Company nor any third party that provides Content to
Company will assume or have any liability for any action made by Company or such third party
with respect to any submission.
You acknowledge that the Website may or may not pre-screen materials uploaded to the
Communication Service, yet the Website and its designees shall have the right, but not the
obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that
violates this Agreement or is otherwise objectionable as determined by the Website in its sole
discretion.
The Website reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Communication Services (or any part thereof) with or without
notice. You agree that the Website will not be liable to you or any third party for any
modification, suspension, or discontinuance of the Communication Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY
BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN
RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE
CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY
WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
11. Right to Terminate Access. Company reserves the right to monitor use of
this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse
to post, or remove any information or materials, in whole or in part, at its sole discretion.
Company reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
12. Disclosure Under Law. Company reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation, legal process, or
governmental request.
13. Personally Identifiable Information. Company cautions you against giving
out any personally identifying information about yourself or your children in any Communication
Service. In an effort to preserve your privacy, Company agrees that it will treat any personally
identifying information that you submit through this Site in accordance with the terms outlined
in its Privacy Policy at [link to Privacy Policy], as well as in conformance with all applicable
laws, rules, and regulations.
14. Disclaimer and Limitations on Liability. You understand that Company cannot
and does not guarantee or warrant that files available for downloading from the Company Websites
will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to
your computer(s) or network(s). You acknowledge that you will be solely responsible for
implementing sufficient procedures and checkpoints to protect your computer(s) and network(s),
and that you will maintain adequate means of backup of your personal data, external to this
Website. Company further disclaims any responsibility to ensure that the Content located on its
Websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY
COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY
CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT
MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS
OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY
FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS,
REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER
OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF
WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE
ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
THE SAME WILL APPLY TO BUILDING MANAGEMENT/STRATA/HOA. THEY WILL NOT BE LIABLE TO THE USERS FOR
ANY HARM/DAMAGE/LOSS SUFFERED BY THE USER. USER IS AGREEING TO USE AT THEIR OWN RISK. THE USER
AGREES THAT THE USER IS NOT BEING FORCED UPON USE OF THIS PLATFORM AND IS DOING SO VOLUNTARILY.
15. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY ALONG WITH
BUILDING MANAGEMENT/STRATA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE
“INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE
OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE
INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED
USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS,
EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO
INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT
BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
16. Trademarks and Copyrights. Trademarks, service marks, logos, trade names,
and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the
property of Company or the party that provided the Intellectual Property to Company. Company and
any party that provides Intellectual Property to Company retain all rights with respect to any
of their respective Intellectual Property appearing in this Site and do not transfer at any time
to user and/or any other third party. All contents of Company's Websites are: [applicable
copyright notice].
17. Copyright Infringement. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide Company's copyright agent (as
designated herein) all of the written information specified below. Please note that this
procedure is exclusively for notifying Company and its affiliates that your copyrighted material
has been infringed. Please include the following:
— An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Site,
including the current Website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by
the copyright owner, its agent, and/or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner's
behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its Websites can be
reached as follows:
On the contact page of the Company’s website.
18. Security. Any passwords used for this Site are for individual use only. You
will be responsible for the security of your password(s) at all times. From time to time,
Company may require that you change your password. You are prohibited from using any services or
facilities provided in connection with this Site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for compromising security
(e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly
prohibited. If you become involved in any violation of system security, Company reserves the
right to release your account details to the system administrators of other websites and/or the
authorities in order to assist them in resolving security incidents. Company reserves the right
to investigate suspected violations of these Terms of Use. Company reserves the right to fully
cooperate with any law enforcement authorities or court order requesting or directing Company to
disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making
available any materials that are believed to violate these Terms of Use. If your password is
compromised and is used to make your spot available to other users then you are obliged to honor
those commitments regardless of if you made them yourself. Security of your account is your
responsibility and you agree to using this site/platform at your own risk.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO
HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
19. Disputes. If there is any dispute about or involving these Terms of Use,
the Website and/or any Communications Services, you agree that any dispute shall be governed by
the laws of the State of British Columbia (Canada), notwithstanding any principles of conflicts
of law. You specifically consent to personal and exclusive jurisdiction by and venue in the
State and Federal courts of Vancouver, British Columbia, Canada in connection with any dispute
between you and Company arising out of or involving this Agreement, the Website and/or any
Communications Services.
20. Miscellaneous.
(a) If any part of these Terms of Use is found by a court of competent jurisdiction to be
unlawful, void, or unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions.
(b) You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Company as a result of this Agreement or use of Company's Websites.
(c) These Terms of Use constitute the entire agreement among the parties relating to the subject
matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written between you and Company with respect to Company's Websites.
Notwithstanding the foregoing, you may also be subject to additional terms and conditions,
posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may
apply when you use the Website or any of its Services. Company may revise these Terms of Use at
any time by updating this posting. You should review the Agreement from time to time to
determine if any changes have been made to the Agreement. Your continued use of the Website
after any changes have been made to this Agreement signifies and confirms your acceptance of any
changes or amendments to this Agreement.
(d) The failure of Company to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must
be in writing and signed by an authorized representative of the Company.
(e) The section titles in the Agreement are for convenience only and have no legal or
contractual effect.
(f) Please report any violations of this Agreement to the Company via contact page of the
companies website. If you have any questions regarding this Agreement, please contact us at the
contact page of our website.