Agreement to these terms
By using our Services, you are agreeing to these terms and our Privacy Policy. Please read them carefully.
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.
These terms also apply to all parties with whom ParkSwap has entered or will enter an End User License Agreement (EULA). To the extent a provision conflicts with an EULA or Privacy Policy, the EULA controls that provision. In no case shall ParkSwap be deemed to waive any right or protection to which it is entitled under New York law, federal law, or international conventions relating to ParkSwap intellectual property rights.
Changes to the Terms
We may modify these terms or additional terms to reflect changes to the law or our Services. We will post notice of modifications on this page or with the applicable Service. Changes will not apply retroactively after they are posted. Changes addressing new functions or legal requirements may become effective immediately. If you do not agree to modified terms, discontinue use of the 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 cannot use our Services if prohibited by U.S. sanctions. Use or access by anyone under 16 is not allowed. ParkSwap may automatically update software and these terms apply to updates.
We are a technology company. We do not own, operate, or maintain parking facilities and do not provide parking enforcement services. Posted parking restrictions take precedence over information received through ParkSwap. All applicable parking rules and regulations apply, and use of the Services does not excuse anyone from following them.
Network Access and Devices
You are responsible for the data network access, compatible hardware, and devices necessary to use the Services. Mobile data and messaging charges may apply. We do not guarantee the Services will function on any particular device, and the Services may be subject to delays and malfunctions inherent in internet and electronic communications.
Payment
Use of the Services may result in charges for services received. ParkSwap will receive or enable payment of applicable charges, including taxes where required and any applicable fees or processing fees.
Charges and payments will be enabled using the preferred payment method designated in your account. If a primary payment method is expired, invalid, or cannot be charged, an available secondary payment method may be used. Charges are final and non-refundable unless ParkSwap determines otherwise.
ParkSwap may establish, remove, or revise charges for Services. We will use reasonable efforts to inform you of applicable charges, but you remain responsible for charges incurred under your account. Where charges are owed to a third-party provider, ParkSwap may collect them as the provider’s limited payment collection agent.
Sweepstakes and Other Promotions
Sweepstakes, contests, and other promotions may have specific rules different from these terms. By participating, you agree to those rules, which control in the event of a conflict.
Intellectual Property
We reserve all intellectual property rights in the Services. ParkSwap names, logos, service marks, graphics, and other marks used for our Services are trademarks or registered trademarks of ParkSwap. Other trademarks belong to their respective owners.
Licence
If you have entered an EULA with ParkSwap, that EULA may provide greater rights and licences. Otherwise, you acquire no rights or licences in the Service or its materials other than the limited right to use them in accordance with these terms. Downloaded content is licensed only for personal use and does not transfer other rights.
Security
We care about user security. While we work to protect accounts and content, we cannot guarantee unauthorized third parties will never defeat security measures. Keep your password secure and notify us immediately of unauthorized account use.
Modifying and Terminating our Services
We continually change and improve the Services. We may add or remove features, suspend or stop a Service, terminate or suspend access, or create new limits at any time.
Third-party Links
Our Services may contain links to third-party websites and resources we do not own or control. Accessing third-party content is at your own risk and subject to that third party’s terms.
Disclaimer of Warranties
Our Services are provided on an “as is” basis without warranty of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim 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, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, AND DIRECTORS TO ANY PARTY EXCEED THE AMOUNT THAT PARTY HAS PAID PARKSWAP TO USE THE SERVICES.
General Terms
If additional terms conflict with these terms, the additional terms control. These terms govern the relationship between you and ParkSwap and do not create third-party beneficiary rights. A delay in enforcement does not waive our rights. If one term is unenforceable, the remaining terms remain effective.
The laws of the State of New York, excluding its conflict-of-law rules, apply to disputes arising out of or relating to these terms or the Services. Claims will be litigated exclusively in federal or state courts in New York, and you and ParkSwap consent to personal jurisdiction in those courts.