PaylessParking.com Terms of Use
(Last Updated: March 1, 2009)
Welcome to Payless Parking.com a parking reservations platform owned and operated by Payless Parking, LLC ("PP"). This page outlines the terms and conditions which apply to the use of this website, so please read it in its entirety. If you do not agree to the terms and conditions set forth, please do not use this website. If you choose to elect to use our website and do so, you have expressly agreed to be bound by the terms and conditions set forth herein.
Disputes:
You agree, through the use of the website, that any dispute arising out of, or related to the website will be governed by the laws of the State of Florida, with jurisdiction and venue in the county of Pinellas, without regard to its conflict with any law provisions. To the extent allowed by law, you agree to make any claim or cause of action related to your use of the website within two (2) years from the date the claimed injury, or incident, first occurred.
Indemnification:
You agree to indemnify, defend and hold harmless PP, the owners of all participating parking facilities and other third party providers, their officers, directors, employees and agents, from and against any and all claims, losses, cause of action, or demand, including, and without limitation, reasonable legal and accounting fees, arising out of, or resulting from your use of this web site, or the material therein, or the breach of any portion, or provision of the Terms of Service.
Modification:
From time to time, PP may determine it necessary to modify these terms and conditions, therefore take notice that your continued use of the website infers acceptance of, and full compliance with same as it currently exists.
Severability:
In some jurisdictions, not all of the provisions contained herein may be valid, or enforceable, in whole, or in part. Therefore, these terms and conditions are expected to be deemed severable. To the extent that such is found to be applicable in a given jurisdiction, that provision will not prevail. However, the validity and enforceability, of that provision will not be affected elsewhere, nor will it affect any of the other provisions contained herein.
Attorney’s Fees:
Should PP, its affiliated parking operators, or third party vendor fine it necessary to enforce any provision of this Agreement and its terms and conditions, said parties will be entitled to recover from you, and you agree to pay, all cost of litigation, to include reasonable and necessary attorney’s fees, and any additional amounts to which they may be entitled, at law, or in equity.
Termination:
You agree that PP may, at its sole discretion, terminate your use of the website, remove and delete any content, or data, for any reason without cause and without notice. Further, you agree that PP has the right and shall not be liable to you or any third party for such actions, nor for the denial of any future access to the website.
Privacy Statement:
Please refer to our Privacy Policy for information concerning the collection and use of any personal information obtained through the use of this website.
Intellectual Property Rights and Ownership:
It is understood and you agree that PP, and in some instances its affiliates, retain all rights and ownership, without limitation to, any and all content, trademarks, registered, or otherwise, copy rights patents and intellectual property . Unless, and except, expressly authorized in writing, or by this Agreement, you may not copy, modify, transmit, distribute, or make use of item which qualifies as “intellectual property”, or that is unique in any format (graphic, design, look and feel, function) to this website. In certain cases PP may choose to transmit, download, or grant the temporary use of any content on, or pertaining to this website, PP retains any rights associated with same. Any rights not expressly granted herein are reserved.
Exclusion of Warranty:
PP MAKES EVERY ATTEMPT TO INSURE THAT THE INFORMATION FOUND ON ITS WEBSITE IS RELIABLE AND ACCURATE AND THAT IT PERFORMS AS INTENDED 24/7/365. HOWEVER, THE RATES, POLICIES BENEFITS AND OTHER ITEMS THAT ARE MATTERS OF INTEREST TO THOSE VISITORS TO, AND USERS OF, OUR WEBSITE, WHICH ARE PROVIDED BY OUR AFFILIATED PARKING FACILITIES AND THIRD PARTY PROVIDERS ARE SUBJECT TO CHANGE AND ERRORS, OMMISSIONS ; SOFTWARE AND HARDWARE GLITCHES DO OCCUR. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESSED, OR IMPLIED WARRANTIES OF ANY KIND. NEITHER PP OR ITS AFFILIATES AND THIRD PARTY VENDORS WARRANT THAT THEIR SERVERS, EMAIL, OR THE WEBSITE OR LINKS THEREIN ARE FREE OF VIRUSES.
Limitation of Liability:
PP, THE OWNERS OF ANY AFFILIATE PARKING FACILITIES LISTED ON THE WEBSITE, NOR ANY THIRD PARTY PROVIDERS OF SAME , ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM 1.) ACCESSING THE WEBSITE, OR USE OF SAME IN ANY MANNER OR FORM; 2.) THE PERFORMANCE, OR NON-PERFOMANCE, OF ANY SOFTWARE OR OTHER SERVICES STATED TO BE PROVIDED FOR ANY REASON WHATEVER; 3.) ANY FAILURES OR DELAYS EXPERIENCED WHILE USING, OR IN THE PROVISION OF ANY SERVICES; 4.) PP ASSUMES NO RESPONSIBILITY FOR AND WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO VEHICLES PARKED AT ANY OF ITS AFFILIATED PARKING VENDORS. PP CUSTOMERS WHO PARK AT THESE VENDORS PARKING FACILITIES MUST MAKE CLAIM WITH, AND SEEK REMUNERATION FROM, SAID VENDOR.
