1. Acceptance of Terms. The App is made available by us subject to this Agreement. We reserve the right to change this Agreement without prior notice. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. We reserve the right at any time to modify or discontinue the App, with or without notice. Your continued use of the App after such changes will indicate your acceptance of such changes. You agree that we shall not be liable to you or to any third party for any modification or discontinuance of the App, in whole or in part, or of any content, feature or product offered through the App. We reserve the right to terminate your use of the App, either for the entire App or on a more limited basis, at any time for any reason or for no reason.
2. Software License Grant. Subject to the terms and conditions of this Agreement, we hereby agree to permit you, on a non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to (a) install the App on an Internet-connected mobile device or mobile telephone (such mobile device or mobile telephone, a “Mobile Device”) that is in your possession and control and (b) use the App as installed on such Mobile Device; provided that your installation and use of the App are solely (i) for your personal use and for non-commercial purposes; and (ii) in accordance with each of the restrictions and limitations set forth in this Agreement. If you fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the grant of permission to use the App hereunder) will automatically terminate, whereupon you will immediately (y) cease using the App; and (z) remove (i.e., uninstall and delete) the App from your Mobile Device. You are solely responsible for any violation of any applicable laws that results from your failure to abide by the terms of this Agreement. Without limiting the foregoing, you shall not (i) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer the App; (ii) make copies of the App or any portion thereof (except as necessary to install and use the App in accordance with this Agreement); (iii) modify, translate, reverse engineer, decompile or disassemble the App; (iv) create derivative works of or from the App; (v) incorporate the App or any information or data that you receive in connection with your use of the App into any product or service; (vi) use the App or any information or data that you receive in connection with your use of the App for commercial purposes; (vii) print or copy any information or data that you receive in connection with your use of the App; and (viii) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in the App. No rights are granted to you other than as expressly set forth herein.
3. Disclaimer and Limitation of Liability. The App and any content or services made available through or in connection with the App are provided to you “as is” with no representations or warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and bear all risks associated with any reliance on, the accuracy, completeness and/or usefulness of any materials available through the App, including without limitation information relating to the location, availability and pricing of parking spots. You further agree that any and all applicable parking notices, meters and related information should be consulted by you to verify any materials made available through the App. The connection and usage charges associated with your use of the App (e.g., including periodic transmission of your location information) is your exclusive responsibility and will be at your sole expense. They will be determined by the agreement between you and your communication service provider and not by this Agreement. We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the App, nor for any damages for loss of profits, loss or interruption of business, lose or use, loss of data, or loss of other intangibles. Your sole and exclusive remedy for dissatisfaction with the App and for any and all expenses, damages or claims that may arise based on the App or your use of the App will be to stop using the App.
You are solely responsible for driving and parking safely and carefully, and in compliance with all applicable laws. The use of the App while driving or parking may cause a distraction, and may be prohibited under applicable law. You agree to use use the App and place and use all associated equipment in a safe manner that complies with all applicable laws; we are neither responsible nor liable for uses of the App or placements or uses of associated equipment that are unsafe or not in compliance with applicable laws. You are to exercise your own judgment about your use of the App, and if the App suggests that you perform an illegal or unsafe maneuver or one that potentially places you in an unsafe situation or that you take an unsafe route or go to an unsafe destination, you should not follow those suggestions. If necessary or helpful, please pull over in a safe and legal manner when using the App, and remain aware of your surroundings at all times. Your use of the App is at your sole risk. Location data may not be accurate.
4. Our Proprietary Rights; Indemnity. We and our respective licensors and suppliers own the App and the information and materials made available through the App. Such information and materials may be protected by copyright, trademark, patent and/or other proprietary rights and laws. Our trade names, trademarks and service marks include, without limitation, “Streetline”, “Parker” and any associated trade names, trademarks, service marks and logos. All trademarks and service marks on the App not owned by us are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the App should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner. Subject to applicable law, you agree to defend, indemnify and hold harmless us and our employees, officers, directors and agents from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of this Agreement, use of your instance of the App by others, and/or your use of the App (including those of third parties). This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by us, our employees, officers, directors or agents as a result of your violation of this Agreement, use of your instance of the App by others, and/or your use of the App (including those of third parties), including but not limited to legal expenses and attorney fees.
6. Governing Law; Jurisdiction; Termination. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your installation or use of the App) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in San Francisco, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto. We may, at any time and for any reason, terminate your access to or use of the App.