Terms and Conditions

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ParkSocially LLC Terms and Conditions

BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS", "TERMS").

BY DOWNLOADING, ACCESSING, OR USING THE MOBILE APPLICATION YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, SO IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY SERVICE OR APPLICATION OF PARKSOCIALLY, LLC.

BE ADVISED: USING YOUR MOBILE DEVICE WHILE DRIVING IS DANGEROUS AND UNLAWFUL. NEVER USE ParkSocially OR ANY MOBILE APP WHILE DRIVING. DISTRACTED DRIVING IS DANGEROUS, UNLAWFUL, AND A MAJOR CAUSE OF TRAFFIC ACCIDENTS.

ACKNOWLEGEMENT OF TERMS

You acknowledge and agree that ParkSocially is not selling, providing, furnishing, reselling, renting, acting as a broker for, or otherwise providing you parking or access to parking. ParkSocially does not manage or provide you with any parking, any access to parking, or any information about parking itself, including but not limited to parking restrictions instituted by local municipalities. You acknowledge and agree that ParkSocially only provides a platform for sharing information about parking availability gathered from other users of the service and has no means of verifying the accuracy of such information or controlling the actions of its users. You acknowledge and agree that ParkSocially is not a party to any transactions between any users, including any that involve you. You acknowledge and agree that you, as a user, are responsible for your own actions and omissions while using the application and/or the services provided by ParkSocially. You acknowledge and agree that ParkSocially is not liable for any traffic or parking violations incurred by you for failure to obey local parking restrictions.

Services: Unless expressly stated otherwise, the services provided by ParkSocially are limited to informing users of the location and potential availability of certain parking spots (hereafter "Parking Spots") as reported by our users. Any fees and/or consideration paid to ParkSocially is paid to ParkSocially in connection with these Services unless otherwise indicated. To be clear, ParkSocially does not: (i) negotiate terms of licenses or settle disputes between users of the Site or Mobile Application; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Excluded Services (collectively, "Excluded Services"). The Excluded Services are provided by Licensors who are neither our agents nor acting in our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spots found through use of our Services. ParkSocially is not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Parking Spot, we will attempt to resolve any issues in accordance with our standard customer service policies and procedures.

BASIC TERMS

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with ParkSocially and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The Services that ParkSocially provides are always evolving and the form and nature of the Services that ParkSocially provides may change from time to time without prior notice to you. In addition, ParkSocially may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by ParkSocially on the Services are subject to change. In consideration for ParkSocially granting you access to and use of the Services, you agree that ParkSocially, third party providers, and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

The ParkSocially platform does not take into account any local parking services based on local statutes. In the event any municipality determines that use of the ParkSocially platform is contrary to any statute or regulation, then ParkSocially will take whatever action it deems necessary to modify its Service in order to comply with applicable regulations. In the event that ParkSocially makes any modification in its platform, for any reason whatsoever, you agree that you will have no claim against ParkSocially for any change in service or cancellation of any service.

FINANCIAL TERMS

ParkSocially does not sell parking spots. ParkSocially is providing a service that allows its users to post information about parking spot availability.

Upon the completion of any transaction between ParkSocially users, ParkSocially will facilitate the transfer of funds between the users. As consideration for facilitating the listing and the transfer ParkSocially will retain $0.25 (USD) of the proceeds as an advertising/listing/posting/service fee and the balance will be paid to the appropriate user's account.

In the event any governmental agency determines that taxes of any sort are payable then, if required by said agencies, ParkSocially will withhold said tax or fee and transfer the proceeds in compliance with applicable laws.

It is agreed that payments into your ParkSocially account from other credit cards, debit cards, or electronic bank transfers are from advertising services and/or from the tips for posted information.

By using the app to transfer funds from ParkSocially you are authorizing ParkSocially to use the information you provide to initiate and process a charge or debit to your account.

Refunds: ParkSocially users can transfer funds from their ParkSocially account to their bank account by providing their bank account information. Transfers will be initiated within 3 days. Transfers can only be made to bank accounts under the same name as the ParkSocially user. At the sole discretion of ParkSocially, ParkSocially shall have the option, but not the responsibility, to credit funds back to the credit/debit card used to pay for the ParkSocially Services.

Notwithstanding any other provisions of this agreement, the maximum liability to any user shall be limited to the fee charged to the user.

PROHIBITIONS AND RESTRICTIONS

The use of the Services is prohibited in the cases listed below:

The User has not reached the age prescribed by the laws of the country of his residence to enter into this Terms. In any case, the User must be 18 years or older to use the Services.

There are special provisions in the legislation of the User's country of residence, which restrict of prohibit the services, provided by the Services.

There are special provisions in the legislation of the User's country of residence, which restrict of prohibit the access to the Content, placed in the Services.

The User is allowed to use the Services only for personal, non-commercial purposes.

The User may not use the Services for any illegal or unauthorized purpose.

The User is not allowed to use the Services to collect any data about any other users of the Services.

Any impact on the Services, as well as directly connected to the Services elements - servers, applications, etc. is strictly prohibited. Prohibited actions include but not limited to, the following: installing plugins, processing of any particular element of the Service, or accessing the Account or the Services using software developed by third parties, including viruses, spyware, or any other computer code.

The User must not use the Services to create or submit unwanted information to any other users of the Services ("spam").

GENERAL COMPLIANCE AND SAFETY

While using or accessing the application you agree at all times:
to comply with all applicable laws; not to operate the application while you are driving or when it is otherwise unsafe for you to do so; to consult and comply with all regulations relating to parking, traffic, or the use or misuse of parking spaces; not to obstruct traffic or impede anyone from parking in a valid space; not to reserve or attempt to reserve a parking space, or prevent any vehicle from parking on a public street through your presence in the roadway, the use of hand-signals, or by placing any box, can, create, handcart, dolly, or any other device, including, without limitation, unauthorized pavement curb or street markings or signs in the roadway; not to threaten, deter, or intimidate any other person in order to prevent them from access or using a parking space; to act in a safe and responsible manner; to keep your login credentials for accessing your account confidential and not share them with any other person; not to submit any information with any fraudulent, deceptive, false, misleading, or illegal information; recruit or otherwise solicit any users of the Services or the application to use any third-party service, competing or otherwise; not to harm or misuse or attempt to harm or misuse the application or the Services; not to display or mirror any of the Content or any other proprietary information without ParkSocially express written consent; not to use or display ParkSocially trademarks without ParkSocially express written consent; not to use the application or the content for any commercial purposes other than those permitted by this agreement;

PRIVACY

The ParkSocially Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy. THE ACCOUNT

All actions committed with the use of User's Account shall be treated as the actions of the User. The User is obliged to keep his/her login and password safe and secure at all times. The User cannot transfer the Account to third parties.

The User agrees to provide accurate, current, and complete information about your Account and to maintain the currentness of this information.

Each user is allowed to create only one Account; multiple accounts are prohibited. The creation of an Account in the interests of third parties is also prohibited, except the cases when the User acts as a proxy to submit their employer (such information should be specified in the profile of the account).

It is strictly prohibited to create and/or to use the Accounts in ways which violate the rights of third parties (including trade mark and trade name).

Despite the fact that the Account is created by the User, the Account (as well as its name) remain the property of the Company.

The Company reserves the right to take any actions at any time in its sole discretion to limit the access to the Account to the extent to the account deletion or transfer of the Account to a third party.

CONTENT

For the purposes of these Terms, any materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "Content", including but not limited to the following: photo, video, audio, text, links, information, as well as any other content available to the Users.

The User is solely responsible for all Content he/she submits, posts, displays, or otherwise makes available on the Services.

The User understands that through the Services he/she may have access to Content that is not allowed by the legislation of his/her country of residence or the the distribution of which is restricted by the legislation of the country of residence. In this case, the User agrees to immediately cease access to such Content and notify the Company of the need to restrict the User's access to this Content.

The Content available through the Services has not been reviewed, verified, or authenticated by the Company, and the Company makes no representations, warranties, or guarantees in connection with any Content on the Services and shall not be liable for any damages arising in connection with the Content.

The User agrees not to post any Content which is prohibited by law of the country of the User's residence. Regardless of the above, it is forbidden to post Content containing any information that may be deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable or containing any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets).

You agree that any User Content that you post does not and will not violate third-party rights of any kind, and any and all Content that:

Violates the personal rights of citizens, including, but not limited to the offensive Content, Content that violates the right to privacy and confidentiality of correspondence, libelous Content, Content whose placement may cause moral harm, Content infringing any Intellectual Property Rights regardless of the form, including photos and videos;

Content violating the property rights of third parties, including, but not limited to Content that does not belong to the User and Content for which there are any restrictions by laws/right holders.

The Company may, but has no obligation to, remove/modify the Content in its sole discretion and this shall not be considered as the violation of any rights of Users.

By posting the Content the User agrees to publication and distribution of the Content.

The Company makes no guarantees regarding the storage of User Content: any Content may be, without prior notice to Users, purposely or unintentionally removed, deleted, or lost beyond recovery.

The User hereby represents and warrants that: (i) the Content is the User's (the User owns it) or he/she has the right to use it and grant the Company the rights and license as provided in these Terms, (ii) the posting of the Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, (iii) the User has written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Services.

INTELLECTUAL PROPERTY

By displaying or posting any Content on or through the Services, the User hereby grants to the Company (as well as its successors and/or other future owners) a non-exclusive, fully paid and royalty-free, transferable, limited license to use, modify, distribute, publicly perform, publicly display such Content and to use it all ways that are necessary to use the Content in the Services. This license is worldwide and shall be effective from the moment of posting of the Content to the Services for the full term of the User's account existence and for a period of twelve months after the removal of the Account.

The Company has no control over the User's compliance with the copyright or intellectual property rights and is not responsible for their violation by the User. The Company may provide available information about Users who violate the rights of the third parties upon request in cases prescribed by law.

The Company is not responsible for the Content posted by any Users of the Services.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you shall notify the Company.

ENDING THESE TERMS

The Terms shall continue to apply until terminated by either you or ParkSocially as follows. You may end your legal agreement with ParkSocially at any time and for any reason by deactivating your Accounts and discontinuing your use of the Services. ParkSocially may suspend or terminate your Account or cease providing you with all or part of the Services at any time and for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create legal risk or liability for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your Account or through the Services the next time you attempt to access your account.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Please read this section carefully since it limits the liability of ParkSocially and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "ParkSocially Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS-IS" and "AS-AVAILABLE" basis. Without limiting the foregoing, ParkSocially Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. ParkSocially Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements and/or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ParkSocially Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ParkSocially Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

To the maximum extent permitted by applicable law, the ParkSocially Entities shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good will, or other intangible losses resulting from (I) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use, or alteration of your transmissions or content. In no event shall the aggregate liability of the ParkSocially entities exceed the greater of ten U.S. Dollars ($10.00) or the amount you paid, or, if any, in the past six months for the services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the ParkSocially entities have been informed of the possibility of any such damage and even if a remedy set forth herein is found to have failed of its essential purpose.

GENERAL TERMS

Waiver and Severability
The failure of ParkSocially to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Queens County, in the state of New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between ParkSocially and you regarding the Services (excluding any services for which you have a separate agreement with ParkSocially that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ParkSocially and you regarding the Services. ParkSocially reserves the right to alter these Terms at any time by placing the text of new Terms in open access. The User undertakes from time to time, but at least once a month to check out the content of the Terms. If the User does not agree with the updated Terms, the User shall immediately stop using the Services and delete the Account. If the User has not removed the account, it is considered that the amended terms have been fully adopted by the User. 2019 ParkSocially, LLC. All Rights Reserved.

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