Terms and Conditions
ParkNShark, LLC General Terms and Conditions
I. INTRODUCTION
1. Section I.1: Acknowledgement of Terms. These ParkNShark, LLC General Terms and Conditions (“General Terms”) are a binding legal agreement between you and ParkNShark, LLC (“We,” “Us,” or “Our”) that govern your use of the websites, applications, or other offerings from ParkNShark that reference these General Terms (collectively, the “Platform”). By using the Platform, you acknowledge that you have read, understand, and agree to these General Terms. If you use the Platform on behalf of an entity, you represent and warrant that (1) you are authorized to agree to the General Terms on behalf of the entity, and (2) the entity will be bound by the General Terms. Our collection and use of personal information in connection with your access to and use of the Platform is described in our “Privacy Policy.”
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THAT THIS AGREEMENT INCLUDES BINDING LIMITATIONS ON LIABILITY, DISPUTE RESOLUTION PROCEDURES, AND A WAIVER OF A JURY TRIAL. YOU UNDERSTAND THAT THESE SECTIONS LIMIT OUR LIABILITY, DICTATE THE PROCEDURES FOR RESOLVING DISPUTES, AND THAT YOU HAVE WAIVED ALL RIGHTS TO A TRIAL BEFORE A JURY.
Continued use of the Platform will be considered acceptance of all provisions herein. If you do not agree with these provisions, cease using the Platform.
2. Section I.2: Age Limitation. By using this Platform, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age, but are at least 16 years old (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the website and Platform and agreement to these General Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this agreement and to fully indemnify and hold us harmless if the Minor breaches these General Terms. If you are not at least 16 years old, you may not use the Platform at any time or in any manner or submit any information to the Platform.
3. Section I.3: The Platform. We offer an internet auction listing service that facilitates listing, offering, searching for, and licensing parking spots (“Parking Spot”). In these General Terms, a registered member of the Platform (“Member”) who lists, offers, or provides a Parking Permit is a “Licensor” and a person who searches for, bids, purchases, or uses a Parking Permit (whether as a Member or not) is a “Licensee.” A Licensee who wants to transact with a Licensor via the Platform must also be a Member. The Platform facilitates transactions between Members whereby a Licensor grants a limited license to a Licensee to enter, occupy, and use a Parking Spot (a “Parking Permit”). As the provider of the Platform, we do not own, control, offer or manage any Parking Spot or Member property. We provide an internet auction listing service allowing Licensors to find Licensees to facilitate transactions of Parking Permits.
II. DEFINITIONS
“Account” means a registered account used by a Member to access and use the Platform.
“Applicable Laws and Rules” means applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners associations or condominium associations), law enforcement body, court, central bank or tax revenue authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.
“Content” means feedback, text, photos, audio, video, and other information or materials that a Member posts, uploads, publishes, submits, or transmits on or using the Platform.
“Dispute” or “Disputes” means any dispute, claim or controversy arising out of or relating to these General Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Platform, Parking Spot, or Content, or any interaction or communication between Members and ParknShark.
“General Terms” means this ParkNShark, LLC General Terms and Conditions agreement.
“Infringement Notice” means the Digital Millenium Copyright Act notice that Members provide to us in order to identify infringing material on the Website and Platform.
“Licensee” means any individual or entity using the Platform to search for, browse, bid, and obtain a Parking Permit for a Parking Spot owned, operated, and managed by Licensors.
“Licensor” means any individual or entity using the Platform to list a Parking Permit for a Parking Spot they own on the ParkNShark platform for auction by Licensees.
“Listing” means a Parking Permit available for auction posted on the Platform.
“Minor” means a person under 18 years of age, but at least 16 years of age, authorized to use the Platform by a parent or guardian.
“Member,” “You,” or “Your” means you as a user, Licensor, and/or Licensee of the ParkNShark Platform, unless otherwise specified. The Terms may apply to you as a Licensor and Licensee concurrently.
“Parking Permit” means a license to park provided by Licensor to Licensee, authorizing Licensee to use a Parking Spot on Licensor’s premises.
“Parking Spot” means the physical parking spot located on the premises of Licensor designated for use by Licensee.
“ParkNShark,” “We,” “Us,” or “Our” means ParkNShark, LLC, its officers, representatives, employees, and those persons acting on behalf of us to carry out providing an internet auction listing service facilitating transactions between students and homeowners for Parking Permits.
“Platform” means the entirety of the our services including the website, applications, and any other services that we may provide.
“Platform Services Agreement” means the legally binding agreement incorporated into these General Terms; agreeing to this contract is required to create an Account and fully utilize the Platform.
“Privacy Policy” means the agreement incorporated into these General Terms outlining our collection and use of your personal and usage data.
“Tax” or “Taxes” means direct or indirect taxes, sales taxes, occupancy taxes, lodging taxes, tourist taxes, income taxes, pool taxes, or any other taxes or fees that a Member may be required by Applicable Laws and Rules to include in the Listing price, remit, or report to governmental agencies or other entities.
“Website,” means the ParkNShark online webpage serving as an internet auction listing service.
III. PARKNSHARK GENERAL WEBSITE RULES
You must follow and not help or induce others to break or circumvent these rules:
4. Section III.1: Integrity and respect. You agree to act with integrity and treat others with respect. Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others.
5. Section III.2: Non-malicious use. Do not scrape, hack, reverse engineer, compromise or impair the Platform, including but not limited to:
(a) Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other Content from or otherwise interact with the Platform.
(b) Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform or Content.
(c) Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Platform.
(d) Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform.
6. Section III.3: Authorized Use Only. You agree to use the Platform as authorized by these General Terms or another agreement with us:
(e) You may only use another Member’s personal information as necessary to facilitate a transaction using the Platform as authorized by these General Terms.
(f) Do not use the Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
(g) You may use Content made available through the Platform solely as necessary to enable your use of the Platform as a Licensor or Licensee.
(h) Do not use Content unless you have permission from the Content owner or the use is authorized by us in these General Terms or another agreement you have with us.
(i) Do not request, make, or accept any payment outside of the Platform to avoid paying fees or taxes on a winning bid.
(j) Do not engage in any practices that are intended to manipulate our search or auction algorithm.
(k) Do not bid on a Listing unless you are willing and able to purchase a Parking Permit.
(l) Do not use, copy, display, mirror or frame the Platform, any Content, any of our branding, or any page layout or design without our consent.
7. Section III.4: Legal Obligations. Honor your legal obligations, including but not limited to:
(m) Understand and follow all Appliable Laws and Rules that apply to you, including privacy, data protection, and export laws.
(n) If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
(o) Do not use the name, logo, branding, or trademarks of ours or others without permission.
(p) Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with our branding.
(q) Do not engage in activity not listed that violate the laws or agreements that apply to you.
8. Section III.5: Registered Users. By creating an Account with us you agree to be bound by the “Platform Service Agreement” incorporated herein by this reference. You agree that to list a Parking Permit for auction or to purchase a Parking Permit that you must register an Account with us and agree to be bound by the “Platform Services Agreement.”
9. Section III.6: Non-Circumvention. You agree that the information provided on the platform, including but not limited to the names of other Members, Parking Spots associated with Parking Permits for auction, and any other information are considered valuable information, and as such, no Member will directly or indirectly engage with any individual, entity, or other Members with the intention of circumventing any transaction contemplated by this agreement. You agree that you will only transact through the platform for Parking Spots associated with Parking Permits for auction made available through the Platform and that you have become aware of, directly or indirectly, through the Platform. It is understood that any breach of this provision may entitle us to seek injunctive relief, in addition to any other legal remedies available.
10. Section III.7: Reporting Violations. If you believe that a Member or Listing poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting us. In addition, if you believe that a Member or Listing has violated the contractual obligations herein, you should report your concerns to us. If you reported an issue to local authorities, we may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
IV. PRIVACY POLICY
11. Section IV.1: Acknowledgement. By using this website, you hereby acknowledge that you have read, understood, and agree to be bound by the Privacy Policy, which is incorporated into these General Terms by reference. The Privacy Policy sets forth how we collect, use, and protect your personal data and other information when you visit the Website or use the Platform. If you do not agree with the Privacy Policy, you are advised not to use the Website or the Platform. Continued use of the Website and Platform following the posting of any changes to the Privacy Policy will be deemed as acceptance of those changes.
V. COPYRIGHT POLICY
12. Section V.1: Notification of Copyright Infringement
We respect the intellectual property rights of others and expect our Website and Platform Members to do the same.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the Account or access of Members who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
13. Section V.2: Digital Millennium Copyright Act of 1998
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Platform that are reported to our Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website and Platform by completing the following DMCA Notice of Alleged Infringement and delivering it to ParkNShark’s Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged material from the Website and Platform.
DMCA Notice of Alleged Infringement (“Infringement Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Infringement Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is 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 material, including at a minimum, if applicable, the URL of the link shown on the Website and Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Infringement Notice:
o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Infringement Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Infringement Notice, with all items completed, to ParkNShark’s Designated Copyright Agent.
Copyright Agent: Veer Sule
c/o ParkNShark
432 E. East Ct.
Elmhurst, IL 60126
parknsharkteam@gmail.com
VI. TRADEMARK RIGHTS
14. Section VI.1: Rights to All Trademarks. All trademarks, service marks, logos, trade names, and any other proprietary designations of ours used herein are trademarks or registered trademarks of ParkNShark, LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You acknowledge and agree that any and all intellectual property rights to such trademarks, service marks, logos, and trade names are our exclusive property or the property of respective parties, and you shall not use or allow any third party to use these marks without the our express written permission or the express written permission of the appropriate party.
15. Section VI.2: Non-Infringement. By using this website, you agree not to infringe upon or dilute our trademark rights, not to use the trademarks in a way that is likely or intended to cause confusion about the owner of such trademarks, and not to challenge or make any claims to these trademarks.
VII. LINKS TO THIRD PARTIES
16. Section VII.1: Acknowledgement. Our Platform may contain links to websites owned by third parties. Such sites are provided solely as resources and as a convenience to our users. These links, and any associated Content, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible, nor do we make representation for any Content, information, security practices, or privacy policies for these websites and/or third parties. If you, as a user of our Platform, decide to access any third-party website using links from the Platform, you do so at your own risk. Members are expected to independently assess whether information and resources from any website, including ours, will meet their needs.
VIII. DISCLAIMER OF WARRANTIES.
17. SECTION VIII.1: ACKNOWLEDGEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PLATFORM PROVIDED HEREIN IS AT YOUR SOLE RISK. THE WEBSITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND BY US, EITHER EXPRESS OR IMPLIED.
18. SECTION VIII.2: DISCLAIMED WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. FURTHER, WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY LICENSOR, LICENSEE, PARKING SPOT, LISTING, OR THIRD PARTY. WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE PLATFORM. WE DO NOT WARRANT THAT VERIFICATION, IDENTITY, OR BACKGROUND CHECKS CONDUCTED ON LISTINGS OR MEMBERS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM.
19. SECTION VIII.3: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE GENERAL TERMS. THE DISCLAIMERS IN THESE GENERAL TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IX. LIMITATIONS ON LIABILITY
20. SECTION IX.1: LIABILITY LIMITATION IS FUNDAMENTAL TO THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE CORE ELEMENTS OF THE AGREEMENT BETWEEN YOU AND US. BY USING THE PLATFORM YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU ARE WAIVING CERTAIN RIGHTS TO OBTAIN LEGAL REMEDIES.
21. SECTION IX.2: LIABILITY LIMITATIONS. NEITHER PARKNSHARK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE GENERAL TERMS, (II) THE USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE PLATFORM, OR (IV) THE PUBLISHING OR AUCTION OF A LISTING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
22. SECTION IX.3: RELEASE. YOU RELEASE US AND OUR MANAGER(S), OFFICERS, MEMBER(S), EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND DAMAGES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR USE OF THE PLATFORM, OTHER USERS’ USE OF THE PLATFORM AND ANY DISPUTE OR DEFENSE YOU HAVE OR CLAIM TO HAVE AGAINST US OR ONE OR MORE USERS OF THE PLATFORM.
X. INDEMNIFICATION.
23. Section X.1: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE PLATFORM AND/OR USE OF A PARKING SPOT. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.
XI. GOVERNING LAW AND VENUE.
24. Section XI.1: Illinois Law Governs. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to conflict-of-law provisions.
25. Section XI.2: Venue. Judicial proceedings, other than small claims actions, that are excluded from the dispute resolution agreement below must be brought in state court in DuPage County, Illinois, or the U.S. District Court in Chicago, Illinois, unless we both agree to some other location. You consent to venue and personal jurisdiction at these locations.
XII. DISPUTE RESOLUTION
26. Section XII.1: Acknowledgement. This section of these General Terms contain a mandatory dispute resolution clause, jury trial waiver, and class action waiver that applies to all Members of the Platform. These provisions apply to all Disputes with us, except for small claims, and affects how Disputes with us are resolved. By accessing the Platform, you agree to be bound by this dispute resolution agreement.
27. Section XII.2: Agreement to Informally Resolve. Any dispute, controversy, or claim arising out of or relating to this Agreement or its terms shall be referred to representatives of the parties at dispute for resolution between them, if possible. Each party may, if they so desire, consult outside experts for assistance in arriving at a resolution.
28. Section XII.3: Agreement to Mediate. Any such matter that is not resolved pursuant to the foregoing provisions or otherwise by agreement between the parties will be submitted for resolution by mediation. The mediator shall be an independent person agreed upon by the parties and if no such person is agreed upon within fifteen (15) days after a demand for mediation, then each party shall select a mediator and the mediators so selected shall select a different mediator who shall conduct the mediation.
29. Section XII.4: Agreement to Arbitrate. Any such matter that is not thereafter resolved by mediation shall be referred to and settled by binding arbitration. The arbitrator shall be an independent person agreed upon by the parties and if no such person is agreed upon within fifteen (15) days after a demand for arbitration, then each party shall select an arbitrator and the arbitrators so selected shall select a different arbitrator who shall conduct the arbitration and render a decision on the matter. The arbitration may be held remotely and shall be conducted in accordance with the rules established by the arbitrator or such other rules or guidelines that the parties may agree to use. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction.
30. Section XII.5: Jury Trial Waiver. You acknowledge and agree to waive the right to a trial by jury as to all Disputes.
31. Section XII.6: No Class Actions or Representative Proceedings. You acknowledge and agree that, to the fullest extent permitted by law, you are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding related to this agreement. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
32. Section XII.7: Survival. This dispute resolution section will survive any termination of these General Terms and will continue to apply even if you stop using the Platform or terminate your Account.
2. XIII. WAIVER AND SEVERABILITY
1. Section XIII.1: Waiver. Any failure by us to enforce any right or provision of these terms shall not constitute a waiver of such rights or provisions.
2. Section XIII.2: Severability. Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of the Platform will remain in full force and effect.
3. XIV. MODIFICATION
1. Section XIV.1: The Right to Modify. We reserve the right, at our sole discretion, to modify or replace these General Terms at any time. Any such change or modification shall be effective immediately upon posting to our Website and apply to all access, use, and viewing of our Website and Platform. You agree to review our website periodically to be aware of any changes or modifications.
2. Section XIV.2: Continued Use Constitutes Agreement. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, cease using the Website and Platform.
4. XV. TERMINATION
1. Section XV.1: Termination For Breach. Should any Member fail to adhere to the rules and obligations outlined herein, whether by letter or spirit, such failure will be considered a material breach of this agreement. Upon such breach, we reserve the right to immediately terminate your Account and institute a ban from using the Platform without prior notice. Furthermore, we reserve the right to seek any and all legal remedies available for any breach of this agreement.
2. Section XV.2: Termination for Non-Use: From time to time, we may terminate the Accounts of non-active Members. These are Accounts that lack activity for a period of three (3) years. After this period of time, termination may occur without notice. Termination under this provision does not prevent a Member from creating a new Account.
3. Section XV.3: Member Obligations In Effect Post-Termination. Termination under this clause does not relieve the breaching party of any obligations accrued prior to the termination date or any other obligations expressed herein that survive termination.
5. XVI. MISCELLANEOUS
1. Section XVI.1: Force Majeure. No party will be in default of this agreement by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to any circumstance or cause beyond any party’s reasonable control, including strikes, labor disputes, civil disturbances, cyberattacks, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, sabotage, or fire.
2. Section XVI.2: Limited Access. From time to time, the Website may be inaccessible or inoperable for any reason, including equipment malfunctions, Website updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Website, the Content or access to the Platform. We may conduct maintenance on any of the foregoing at any time with or without notice to you.
3. Section XVI.3: Notices. Any notice to be provided to us under these General Terms shall be given in writing, addressed and delivered or mailed, postage prepaid, to our principal place of business. Notice may also be provided to us via electronic communication to parknsharkteam@gmail.com. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
4. Section XVI.4: Headings. All section headings herein are inserted for convenience only and shall not modify or affect the construction or interpretation of any provision of this General Terms.
5. Section XVI.5: Entire Agreement. You agree that these General Terms constitute the entire agreement between you and us with respect to your use of the Website. You also acknowledge and agree to the Platform Services Agreement (if applicable) and the Privacy Policy. You agree that these agreements supersede any other agreements between you and us with respect to your use of the Platform. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these agreements, your use of the Platform, or any actions by any Licensor/Licensee with respect to the Platform.
6. Section XVI.6: Electronic Signatures and Contracts. Your use of the Platform includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS PLATFORM, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.