We offer a variety of Services so sometimes additional terms may apply. Additional terms will be available with the relevant Services, and those additional terms will also become part of your agreement with us, if you use those Services.
Changes to the Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
Using our Services
You may use our Services only if you can legally form a binding contract with us, and only in accordance with these terms and all applicable laws. You can't use our Services if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 16 is not allowed. Using ParkSwap may include downloading app to your phone, or other device. You agree that we may automatically update that software, and these terms will apply to any updates.
We are a technology company. We do not own, operate, or maintain any parking facility, and we do not provide parking enforcement services. Parking facilities are operated by users. Parking restrictions (i.e. no parking signs) take precedence over any information that you receive from us. All applicable parking rules and regulations apply to you, and your use of the Services does not excuse you from following the rules.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates. We do not guarantee that the Services will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive ("Charges"). We will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees or processing fees.
All Charges and payments will be enabled by ParkSwap using the preferred payment method designated by you in your account, after which you can see transaction. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by ParkSwap.
As between you and ParkSwap, ParkSwap reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in our sole discretion. We will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. and shall have no bearing on your use of the Services or the Charges applied to you.
In certain cases, with respect to third party providers, Charges you incur will be owed directly to third party providers, and ParkSwap will collect payment of those charges from you, on the third party provider's behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the third party provider.
Sweepstakes and Other Promotions
In addition to these terms, sweepstakes, contests or other promotions (collectively, "Promotions") made available through the Services may have specific rules that are different from these terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these terms.
We reserve all of our intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. ParkSwap and logos and other ParkSwap trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of ParkSwap.
If you have entered an End User License Agreement (EULA) with ParkSwap, your EULA may provide you with greater rights and license as defined by that EULA. Otherwise, you acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms. Should you choose to download content from the Service, you must do so in accordance with the Terms of service. Such download is licensed to you by ParkSwap ONLY for your own personal use in accordance with the Terms of service and does not transfer any other rights to you.
We care about the security of our users. While we work to protect the security of your content and account, we can't guarantee that unauthorized third parties won't be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any unauthorized use of your account.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go! We may terminate or suspend your right to access or use our Services for any reason with or without notice. ParkSwap may also stop providing Services to you or add or create new limits to our Services at any time.
Our Services may contain links to other websites and resources provided by third parties that are not owned or controlled by us. We have no control over the contents of those websites or resources. If you access any third-party content from our Services, you do so at your own risk and subject to the terms and conditions of use for such third-party content.
Disclaimer of Warranties
Our Services are provided on an "as is" basis without warranty of any kind, whether express or implied, statutory or otherwise. We specifically disclaim any and all warranties of merchantability, non-infringement, and fitness for a particular purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PARKSWAP AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO PARKSWAP TO USE THE SERVICES.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between ParkSwap and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the State of NewYork, U.S.A., excluding Newyork conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts, Newyork, USA, and you and ParkSwap consent to personal jurisdiction in those courts.