Advanced Parking Systems Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
Last updated: October 7, 2020
Through the Sites, you may be provided access to a variety of resources and content. These may include: (a) access to our software incorporated into and/or through our Sites (“Software”); (b) any content uploaded to, on or through the Sites, including, but not limited to, data, messages, text, images, photographs, graphics, audio and video (collectively, “Content”); (c) any systems used in connection with the Sites to upload, download, share, email, post, publish, transmit or otherwise access or make available Content, including, without limitation, discussion groups, chat areas, bulletin boards, blogs, etc. (“Systems”); and (d) any other services that we provide and that are used in connection with the Sites (“Site Services”). Collectively, Software, Content, Systems, and Site Services shall be referred to hereinafter as “Services”.
1) User Responsibilities
You are responsible for your use of the Sites and Services, and for any information you provide to, on or through the Sites and/or Services, or any part thereof. You are also responsible for any consequences resulting indirectly or directly from your use of the Sites and/or Services, or any part thereof. In connection with your use of the Sites and/or Services, or any part thereof, you acknowledge and agree that you shall not:
- copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Sites and/or Services, or any part thereof;
- access the Sites and/or Services, or any part thereof, by any means other than through the standard industry-accepted or the provided interfaces;
- transmit any Content and/or make any Posts (as defined in Section 9 below) or otherwise use the Sites and/or Services in any way that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; may invade another’s right of privacy or publicity; is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature; exploits minors; depicts animal cruelty or extreme violence towards animals; is hateful, or discriminatory or incites hatred against any individual or group; promotes or supports terror or hate groups;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- create an Account for someone else unless you have their express permission;
- attempt to create Account or access or collect information in unauthorized ways;
- do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose, including, without limitation, providing false or misleading claims about vaccination safety; promoting fraudulent or dubious business schemes or proposes an unlawful transaction; or providing instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- attempt to buy, sell, or transfer any aspect of your Account (including your username) or solicit, collect, or use login credentials or badges of other users;
- post or transmit any Content that contains a virus or corrupted data, use the Sites and/or Services, or any part thereof, in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or Services, or any part thereof;
- delete any author attributions, legal notices or proprietary designations or labels associated with any Content that you upload to, on or through the Sites and/or Services, or any part thereof;
- violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any Content, Posts (as defined below) or other materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- use technology or other means to access, index, frame or link to the Sites and/or Services (including the Content) that is not authorized by APS (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- access the Sites and/or Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Sites and/or Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damage, disable, overburden, impair, or gain unauthorized access to the Sites and/or Services, including APS’s servers, computer network, or user accounts;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Sites and/or Services (including the Content);
- use the Sites and/or Services to advertise or promote services that are not expressly approved in advance in writing by APS;
- encourage conduct that would constitute a criminal offense or give rise to civil liability;
- interfere with any other party’s use and enjoyment of the Sites and/or Services;
- attempt to do any of the foregoing.
2) Access to Services; Accounts
3) Age Restriction – Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that the Sites and Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
You must be at least 18 years old to create an Account and/or use the Sites and/or Services. The Sites and Services, and every part thereof, is intended for adults only and is not intended for any children under the age of 18. We do not knowingly allow anyone under the age of 18 to create Accounts that allow access to the secured features of the Sites and/or Services.
5) Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Sites and Services. We may experience delays in updating information on the Sites and/or Services and in our advertising on other web sites. The information found on the Sites and/or Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Sites and/or Services and we cannot guarantee the accuracy or completeness of any information found on the Sites and/or Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
6) Contests, Sweepstakes and Promotions
7) Social Networking and Other Third-Party Sites and Services
APS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Social Networks. We do not warrant the offerings of any of such Social Networks or the entities/individuals that own or operate them. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH SOCIAL NETWORKS.
8) Company Content; User Material and Posts
Users of the Sites and/or Services may be able to access and/or utilize certain features that we offer as part of our Sites and/or Services, including, but not limited to, providing online Content which gives users the opportunity to select from various offerings of articles, periodicals and other informational materials (collectively, the “Company Content”).
Usage Rules and Limitations. In addition to the foregoing rules and limitations set forth in this Section 9, use of the Company Content must be personal and for a non-commercial purpose. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Company Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Company Content unless expressly permitted by APS in writing. You may not incorporate the Company Content into, or stream or retransmit the Company Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by APS in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Company Content unless authorized by APS. You may not build a business utilizing the Company Content, whether or not for profit. The Company Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Company Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by APS in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Content Subjectivity. The Company Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Company Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and APS does not guarantee that you will agree with them. You acknowledge these risks.
Ownership. You agree that APS owns and retains all rights to the Company Content. You further agree that the Company Content you access and view is owned or controlled by APS and/or APS’s affiliates, partners and/or content programmers. The Company Content are protected by copyright, trademark, and other intellectual property laws.
Third Party Products. We may offer special promotional plans, products, services or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below, as well as additional rules applicable to any APS-hosted site.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant APS the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. APS will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that APS does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. APS does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of APS. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does APS assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against APS with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing firstname.lastname@example.org (subject line: “Inappropriate User Material”).
Unsolicited Submissions. It is APS’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. APS’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any APS creative work, including a film, series, story, title, or concept, would be purely coincidental.
9) Accounts and Password Security
When you create an Account with us, you guarantee, represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. You further agree to maintain and promptly update your registration information to keep it true, accurate, current and complete. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Sites.
As a registered user, you must choose a unique username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your Account and password, including, but not limited to, the restriction of access to your computer and/or Account, and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Sites and/or Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of APS and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, contact us immediately – please see Section 32 (“Contact Us”) below.
You are solely responsible for the activities of anyone accessing the Sites and/or Services using your password and/or Account, even if the activities were not authorized by you. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Sites and/or Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account and/or password. In addition, if you believe or suspect your Account and/or password have been compromised, you must promptly change your password using the functionality provided on the Sites.
We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion.
We have no way of knowing of, and will not be responsible or liable for, any access to the Sites and/or Services, or any part thereof, that is achieved through improper means. In addition, individuals using our Sites and/or Services, or any part thereof, must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. We do not warrant that the Sites or Services, or any part thereof, are “hackerproof.” You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Sites and/or Services and are fully responsible for all activities that occur under your password or Account. You agree (i) to notify us immediately of any unauthorized use of your password or any other breach of security and (ii) to ensure that you log out of your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
11) Mobile Website; Mobile Application
Some of our Sites and/or Services may be made available in a mobile-friendly format, as well (our “Mobile Site”). APS may also make available one or more mobile applications (the “Mobile Application”) to access the Sites and/or Services via a mobile device. All mobile phones that have Internet access can make use of the Mobile Site and/or Mobile Application, if any. Users with mobile phones that have this access also have the option to view the full html website that is available on your computer. Prices for all products and services, including any special pricing and/or promotions, exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.
The following additional terms and conditions apply with respect to any Mobile Application that APS provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- Your use of our iOS App, if any, must comply with Apple’s then-current App Store Terms of Service.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App, if any (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App, if any).
The following additional terms and conditions apply with respect to any Mobile Application that APS provides to you designed for use on an Android-powered mobile device (an “Android App”):
- Your use of our Android App, if any, must comply with Google’s then-current Google Play Terms of Service.
- You agree to comply with all applicable third-party terms of agreement when using our Android App, if any (e.g., you must not be in violation of your wireless data service terms of agreement when using our Android App, if any).
In addition to the foregoing, you further represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
IN NO EVENT WILL APS BE RESPONSIBLE FOR ANY TELECOMMUNICATION CHARGES ASSOCIATED WITH USE OF ANY OF THE SITE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, A MOBILE SITE AND/OR A MOBILE APPLICATION.
12) Intellectual Property
13) Third-Party Sites
Our Sites and/or Services may contain or provide links to third party websites or resources and/or access to advertisements, contact, materials, products or services of third parties, including, without limitation, users, advertisers, affiliates and sponsors of the Sites and/or Services as well as third-party service providers running Promotions and Social Networks (collectively, “Third-Party Sites”). Such Third-Party Sites are not owned, endorsed or controlled by APS. The inclusion of any link or access does not imply an endorsement by us of the Third-Party Sites.
APS is not responsible in any manner for any Third-Party Sites provided on or through the Sites and/or Services or for any changes or updates to such Third-Party Sites. APS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Third-Party Sites, even if such Third-Party Site(s) is operated by a company affiliated or otherwise connected with APS. We do not endorse or warrant the offerings of any of these Third-Party Sites or the entities/individuals that own or operate them. By using the Sites and/or Services, you acknowledge and agree that APS is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Sites.
You acknowledge and agree that APS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Sites. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SITES.
We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Sites or services that you visit.
14) Copyright Policy; Digital Millennium Copyright Act (“DMCA”)
APS respects the intellectual property rights of others and expects users of the Sites and/or Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, you must contact us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For notice of claims of copyright or trademark infringement on the Sites and/or Services, please contact us – please see Section 32 (“Contact Us”) below.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to APS designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which APS may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the Account or access of any user of our Sites and/or Service who is the subject or repeated DMCA or other infringement notifications.
Notwithstanding the foregoing or anything herein to the contrary, APS reserves the right to review the Sites and/or Services and to monitor all use of and activity on the Sites and/or Services, and to remove, alter, edit or choose not to make available on or through the Sites and/or Services any Content, in whole or in part, in its sole discretion. We may remove Content that is confidential or proprietary to a third party without that third party’s permission; provided, however, that in no event shall APS be considered a “publisher” or a “speaker,” as defined in Section 230(c) of the Communications Decency Act, codified at 47 U.S.C. §230 et. seq., of any such Content.
If you wish to terminate your Account, you may simply discontinue using the Services.
17) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL APS, OR ITS SPONSORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS OR SPONSORS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND/OR SERVICES, ITS CONTENT, OR ANY PRODUCTS OR OTHER SERVICES MADE AVAILABLE THROUGH THE SITES AND/OR SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SITES AND/OR SERVICES, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF APS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF APS, ITS SPONSORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS AND SPONSORS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
18) EXPRESS DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS AT YOUR SOLE RISK. APS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITES AND/OR SERVICES, ANY CONTENT ON THE SITES AND/OR SERVICES, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE SITES AND/OR SERVICES. THE SITES AND SERVICES AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OR THROUGH THE SITES AND/OR SERVICES.
APS, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS ASSOCIATED WITH THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL BE CORRECTED; C) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL MEET YOUR REQUIREMENTS.
21) STATUTE OF LIMITATIONS
22) Governing Law and Venue
23) Dispute Resolution; Arbitration of Claims
Most user concerns can be resolved quickly and to a user satisfaction by contacting us – please see Section 32 (“Contact Us”) below. This Section 24 (this “Arbitration Provision”) facilitates the prompt and efficient resolution of any Disputes (as defined below) that may arise between you and APS. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Arbitration Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give APS an opportunity to resolve the Dispute. You must commence this process by mailing written notification to APS, 28494 Westinghouse Place, Suite 114, Santa Clarita, CA 91355. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If APS does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt-Out
If this Arbitration Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or APS may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Subject to the Pre-Arbitration Claim Resolution section, above, the demand for arbitration shall be made by any party hereto within a reasonable time after the Dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such Dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction.
The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this Arbitration Provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – The arbitration hearings will be held in Los Angeles County, California.
Payment of Arbitration Fees and Costs – You and APS agree to split the costs of arbitration equally. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys and/or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with APS as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH ARBITRATION PROCEEDING AND IRREVOCABLY WAIVES ANY CLAIM THAT ANY SUCH ARBITRATION PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Class Action Waiver
TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN THIS ARBITRATION PROVISION, YOU AND APS FURTHER AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Further, unless both you and APS agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and APS specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Sites and/or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
If any clause within this Arbitration Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the remaining terms and conditions of this Arbitration Provision will remain enforceable.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
24) Compliance with Laws
You shall comply with all applicable law when you use the Sites and/or Services.
25) Amendment and Waiver
28) Entire Agreement
29) Force Majeure
APS shall not be liable for delays in performing or failure to perform any obligations herein, for any reason beyond APS’s control, including but not limited to, acts of God, fires, terrorism, strikes, civil tumult, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction, or any other reason.
31) Contact Us
Contact Us Today
Professional parking services will make a significant difference for your organization. Please contact us about improving the quality of your parking services and getting the best financial results possible.
Advanced Parking Systems
544 Mateo Street, Third Floor
Los Angeles, CA 90013