(Effective March 1, 2010)
This web site ("Site"), is provided by InterPark Incorporated, a wholly-owned subsidiary of GE Capital Real Estate ("InterPark," "we," "our," or "us"). These Terms govern your use of this Site. However, when you enter into transactions via this Site, such as making a parking reservation, obtaining a monthly parking pass, or conducting other parking-related transactions, such transactions will be subject to a separate agreement that will be disclosed to you at the time you register for an account or at the time you make the reservation or conduct the transaction.
Subject to these Terms, InterPark grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and to download and print the information and other content on the Site (“Materials”) only as incidental to your personal and business activities conducted on the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, InterPark does not grant any express or implied right to you under any patents, trademarks, copyrights or to any of InterPark's trade secret information.
Users who have registered or established an account may also be required to select or obtain a valid username and password. Passwords must contain between eight and twelve characters and at least one numeral. You are responsible for the proper use and security of your password, and agree to take all reasonable precautions to protect the security and integrity of your password and to prevent its unauthorized use. Your password should never be shared with anyone, including others within your organization. You will be solely responsible for all actions taken through the use of your password. You must immediately notify InterPark in writing if you become aware of any unauthorized access to or use of your password and/or the Site, or if your password is lost or stolen. Such notice, however, does not release you from responsibility for any unauthorized access to the Site, or any losses suffered by you, other users or InterPark, facilitated through the loss or unauthorized use of your password.
You agree that you will not:
(a) Use the Site in any manner that could damage, disable, overburden, or impair the Site.
(b) Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, InterPark reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.
(c) Disrupt or interfere with any other person’s use of the Site or affiliated or linked sites.
(d) Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
(e) Use or attempt to use another’s account, service, or system without authorization from InterPark.
(f) Create or use a false identity on the Site.
(g) Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party’s copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
(h) Use any robot, spider, or other automatic device to monitor or copy the web pages or the content contained at the Site.
(i) Allow access to or use the Site or any component thereof by or for the benefit of any third parties who are not users, including, without limitation, providing timeshare services, service bureau services, outsourcing or consulting services, without InterPark’s prior written consent, or for any unlawful purpose or in furtherance of any unlawful purpose.
(j) Upload or transmit to InterPark’s Site or computer systems any computer virus, worm, time bomb, or other harmful programming routine.
(k) Incorporate into another site or other service any intellectual property of InterPark or its licensors.
(l) Create the appearance, by linking or otherwise, that you or any third party is associated with or sponsored by InterPark.
As a convenience to you, InterPark may provide, on this Site, links to web sites operated by other entities. If you use these web sites, you will leave this Site. If you decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. InterPark makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that InterPark endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of InterPark or any of its affiliates or subsidiaries.
All links to this Site must be approved in writing by InterPark, except that InterPark consents to links in which: (i) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (ii) the appearance, position, and other aspects of the link neither creates the false appearance that an entity or its activities or products are associated with or sponsored by InterPark, nor damages or dilutes the goodwill associated with the name and trademarks of InterPark or its affiliates. InterPark reserves the right to revoke this consent to link at any time in its sole discretion.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. INTERPARK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. INTERPARK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. INTERPARK MAY MAKE ANY OTHER CHANGES TO THIS SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INTERPARK, ITS PARENT, AFFILIATES AND TRUSTED THIRD PARTIES (AS DEFINED IN THE SECTION TITLED “THIRD PARY BENEFICIARIES”), AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT INTERARK IS FOUND TO BE LIABLE, INTERPARK’S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100. WITHOUT LIMITING THE FOREGOING, INTERPARK, ITS PARENT, AFFILIATES AND TRUSTED THIRD PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF ANY INFORMATION SENT OR RECEIVED, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN INTERARK AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION
WAIVER AND RELEASE
You release, discharge and hold harmless InterPark and its respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of any negligent act committed by or on behalf of InterPark in connection with the operation or use of the Site. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST INTERPARK OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, hold harmless, and defend InterPark and its respective directors, officers, employees and agents (each, an “Indemnitee”) from and against any and all liabilities, damages, costs, losses and expenses, including settlement awards and reasonable costs and attorney’s fees (for both in-house and outside counsel), incurred by an Indemnitee that arise out of your: (a) breach of these Terms; (b) violation of any law; (c) infringement or misappropriation of any third party’s rights; or (d) use of information posted on or made available through the Site.
NO CONFIDENTIAL, FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP WITH INTERPARK
You acknowledge that by using the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and InterPark, other than the express contractual relationship provided in these Terms and any other written agreement between you and InterPark (including monthly or other parking agreements). We reserve the right at all times to fully cooperate with any law enforcement authorities, or comply with any court order or subpoena requesting or directing us to disclose any information concerning a user of the Site. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS INTERPARK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INTERPARK DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INTERPARK OR LAW ENFORCEMENT AUTHORITIES.
InterPark reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on this Site so that they are accessible via a link on the home page, and that your use of this Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using this Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of this Site from that point forward. IN THE EVENT OF ANY MATERIAL CHANGE TO THESE TERMS, A NOTIFICATION WILL ALSO BE POSTED ON THE SITE FOR THIRTY (30) DAYS.
InterPark may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of this Site, at any time. InterPark may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. InterPark may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
This Site is controlled, operated and administered by InterPark from its offices within the United States of America. InterPark makes no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States. Access to the Materials is prohibited from territories where their contents are illegal or in which use of them would subject InterPark to any registration requirement. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and the State of Illinois without giving effect to its conflict of laws provisions.
You agree that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form (“UCITA”), shall not apply to these Terms. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
THIRD PARTY BENEFICIARIES.
InterPark’s contractors, vendors, distributors or business partners (collectively, “Trusted Third Parties”) may provide software, hosting and/or other functions related to the operation of the Site. Trusted Third Parties are intended third party beneficiaries of these Terms. Except as expressly stated in the preceding sentence, InterPark and you do not intend to confer any benefit hereunder on any person or entity other than the parties hereto
InterPark reserves the right to terminate your access to and use of this Site in its sole discretion, without notice and liability, including, without limitation, if InterPark believes your conduct fails to conform with these Terms. InterPark also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to this Site or InterPark. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to this Site, or upon demand from InterPark, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of this Site.
"InterPark," the InterPark "P" (with the downward-pointing arrow), and all other trademarks, unless otherwise noted, are owned or licensed by the InterPark, its parent, affiliates or subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.
Adobe®, Acrobat®, and Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries - for further details please see.
ENTIRE AGREEMENT; GENERAL PROVISIONS