- Ownership. Unless otherwise noted, all content on our website, in our e-newsletters and in materials we provide is owned by, licensed to, or otherwise used with permission by NPA, including without limitation, NPA, PII, PCC the NPA logo, PII logo and PCC logo is protected by worldwide copyright laws, as well as applicable laws protecting trademarks, service marks, trade names and trade dress. The compilation (meaning the collection, arrangement, and assembly) of all content on our website is also the exclusive property of NPA and is protected by worldwide copyright laws. You may use any of the foregoing content only for your personal, non-commercial use. No modification or further reproduction is permitted without our express written consent. We use reasonable efforts to ensure that such content is complete, up-to-date and accurate; however, we make no representations, warranties, or assurances about the accuracy or completeness of such content.
- Information; Qualification. You hereby represent, warrant and covenant that (1) all information you provide to us is accurate in all respects and our reliance on the information you provide is justified, (2) you are at least thirteen (13) years of age and a resident of the United States, (3) you will maintain and promptly update the information you provide to keep it accurate, current and complete, and (4) you have read and agree to these terms and the terms of our Privacy Statement.
- Rules of Conduct. You agree not to link to or post on our website any content which (1) is defamatory, obscene, pornographic, abusive, harassing or threatening, (2) contains viruses or other contaminating or destructive features, (3) infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (4) otherwise violates any applicable federal, state or local law, regulation or rule. We reserve the right to edit, move or delete any information that we determine, in our sole discretion, violates this Agreement or is otherwise unacceptable to NPA.
- Other Web Sites. Our Web site, e-newsletters and/or other communications with our members may contain links or references to other Web sites. We do not endorse and are not responsible for the content, practices or products sold on any other Web site. We are not liable for any resulting damages or injury, and you hereby release us from any liability related to such other Web sites. Your use of other Web sites is subject to the terms, conditions and privacy practices of those Web sites.
- Disclaimer; Limitation of Liability. You agree that your participation in our programs and/or the use of our website is at your sole risk. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from our website or otherwise. We do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes it available will be free of viruses or other harmful elements. As a user of our website, you assume full responsibility for any costs associated with its use.
We provide our programs and website “as is.” We do not warrant the accuracy, completeness, non-infringement or availability of our programs or website, nor do we warrant that our website or our e-newsletters will be free of viruses or other harmful components. We disclaim any and all implied warranties of title, merchantability or fitness for a particular purpose, other than those implied warranties that are incapable of exclusion or limitation under the law applicable to this agreement.
In no event shall we, our officers, directors, employees, agents, representatives or affiliates, be liable for any direct, indirect, incidental, special or consequential damages arising out of your participation in our programs or use of our website even if we are advised beforehand of the possibility of such damages; it being understood, however, that this disclaimer and limitation of liability will not apply to the extent such liability is incapable of exclusion, restriction or modification under the laws applicable to this agreement. You agree that you will not hold us responsible for any selection or retention of, or the acts or omissions of third parties in connection with your participation in our programs.
- Compliance with Law. You agree to comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our website, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our website.
- Termination. NPA reserves the right (but has no obligation) to terminate, suspend or restrict your participation in our programs, if we believe in our sole discretion that you have violated the terms of this Agreement. NPA may terminate, suspend or restrict your participation without prior notice of any kind and without liability.
- Indemnification. You agree to indemnify, defend and hold NPA and its affiliates and our respective directors, officers, employees, licensors and agents, collectively, the “Provider Parties,” harmless from and against any and all liability, losses, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly from or related to your participation in our programs and/or your use of our website. You hold harmless the “Provider Parties” for any and all liability incurred by you in connection with: (1) any use or alleged use of the Service through your account by any person, whether or not authorized by you; or (2) the operation and content on your Site or (3) any breach of your representations and warranties and other covenants under this Agreement. NPA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NPA’s defense of such claim.
- Limitation of Liability. Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall NPA be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the service related to non-payment of license fees, cost of procurement of substitute goods, or any and all other commercial damages or losses. In no event will NPA be liable for any damages in excess of the fees paid by you (if any) in connection with the service, even if NPA shall have been informed of the possibility of such damages, or for any claim by any other party. To the extent that the foregoing limitation is not applicable for any reason, the liability of the providers, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
- Miscellaneous. Our Privacy Statement and this Agreement shall constitute the entire agreement between you and us relating to the subject matter hereof, and supersedes all prior agreements related to the subject matter hereof. Our relationship shall be governed by the laws of Washington, D.C. without regard to its conflict of laws principles. Any action or dispute between you and us shall be resolved exclusively by a court within Washington, D.C. and you hereby consent to the personal jurisdiction of such courts. You hereby waive any objection that you may now or hereafter have to the venue of any such suit or any such court or that such suit was brought in an inconvenient forum. Our failure to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms shall remain in full force and effect. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable attorneys’ fees.
- Modifications. We reserve the right to modify this Agreement at any time or to add any conditions, and will make available such modifications on our website. Your subsequent participation in our programs or use of our website shall be deemed an unconditional acceptance of such revised Agreement. Please contact us with questions at webmaster@weareparking org or call 202-296-4336 or write to NPA, 1112 16th Street, NW, Suite 840, Washington, DC 20036.