Terms &
conditions
These terms and
conditions ("Agreement") sets forth the general terms and conditions
of your use of the "TradeParking“ mobile application ("Mobile
Application" or "Service") and any of its related products and
services (collectively, "Services"). This Agreement is legally
binding between you ("User", "you" or "your") and
TradeParking("TradeParking", "we", "us" or
"our"). By accessing and using the Mobile Application and Services,
you acknowledge that you have read, understood, and agree to be bound by the
terms of this Agreement. If you are entering into this Agreement on behalf of a
business or other legal entity, you represent that you have the authority to
bind such entity to this Agreement, in which case the terms "User",
"you" or "your" shall refer to such entity. If you do not
have such authority, or if you do not agree with the terms of this Agreement,
you must not accept this Agreement and may not access and use the Mobile
Application and Services. You acknowledge that this Agreement is a contract
between you andTradeParking, even though it is electronic and is not physically
signed by you, and it governs your use of the Mobile Application and Services.
Accounts and
membership
You must be at least
18 years of age to use the Mobile Application and Services. By using the Mobile
Application and Services and by agreeing to this Agreement you warrant and
represent that you are at least 18 years of age. If you create an account in
the Mobile Application, you are responsible for maintaining the security of
your account and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with it. We may, but have
no obligation to, monitor and review new accounts before you may sign in and
start using the Services. Providing false contact information of any kind may
result in the termination of your account. You must immediately notify us of any
unauthorized uses of your account or any other breaches of security. We will
not be liable for any acts or omissions by you, including any damages of any
kind incurred as a result of such acts or omissions. We may suspend, disable,
or delete your account (or any part thereof) if we determine that you have
violated any provision of this Agreement or that your conduct or content would
tend to damage our reputation and goodwill. If we delete your account for the
foregoing reasons, you may not re-register for our Services. We may block your
email address and Internet protocol address to prevent further registration.
User content
We do not own any
data, information or material (collectively, "Content") that you submit
in the Mobile Application in the course of using the Service. You shall have
sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or right to
use of all submitted Content. We may monitor and review the Content in the
Mobile Application submitted or created using our Services by you. You grant us
permission to access, copy, distribute, store, transmit, reformat, display and
perform the Content of your user account solely as required for the purpose of
providing the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable. You
also grant us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account for
commercial, marketing or any similar purpose.
Billing and payments
You shall pay all
fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. Where
Services are offered on a free trial basis, payment may be required after the
free trial period ends, and not when you enter your billing details (which may
be required prior to the commencement of the free trial period). If, in our
judgment, your purchase constitutes a high-risk transaction, we will require
you to provide us with a copy of your valid government-issued photo
identification, and possibly a copy of a recent bank statement for the credit
or debit card used for the purchase. We reserve the right to change products
and product pricing at any time. We also reserve the right to refuse any order
you place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you
by contacting the e-mail and/or billing address/phone number provided at the
time the order was made.
Accuracy of
information
Occasionally there
may be information in the Mobile Application that contains typographical
errors, inaccuracies or omissions that may relate to promotions and offers. We
reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Mobile
Application or Services is inaccurate at any time without prior notice
(including after you have submitted your order). We undertake no obligation to
update, amend or clarify information in the Mobile Application including,
without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Mobile Application should be taken
to indicate that all information in the Mobile Application or Services has been
modified or updated.
End User license
Agreement
Every User must need
to accept the End user license Agreement (EULA) in order to register themselves
on the application. We do not tolerate any objectionable content or abusive
users and users will be blocked from the application. User must accept the
agreement before signing up on the application. This agreement will be present
in the form of Tick Mark on the signup screen. Accepting the EULA means that
any form of intolerable content will not be accepted. User generated content
must not be abusive. It includes posting images, adding reviews, comments any
any other form of content which might harm other user’s sentiments. User can
anytime report such form of content and admin will have the full rights to
directly deactivate that user’s account.
Backups
We perform regular
backups of the Content and will do our best to ensure completeness and accuracy
of these backups. In the event of the hardware failure or data loss we will
restore backups automatically to minimize the impact and downtime.
Links to other
resources
Although the Mobile
Application and Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked resource,
unless specifically stated herein. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any businesses or
individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and content of
any other third parties. You should carefully review the legal statements and
other conditions of use of any resource which you access through a link in the
Mobile Application and Services. Your linking to any other off-site resources
is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
Rules and Regulations
The TradeParking App is not responsible for any users who display their license plate in the application. We strongly recommend users to display their username when trading parking spots to prevent security issues. TradeParking is not liable for any optional bids or tips amount place by users. Tips and bids are mainly optional and solely determined by users. Each bid is cap at 500 points or $5.00. All monetary transactions are created by users. The application is not responsible for points listed. Optional bidding and tips adjudication is control by TradeParking administrative department. All spot swaps and parking related activities is subject to a verification process by the TradeParking team before any parking points are rewarded to users. Next, it should be noted, parking points will only be rewarded after a swap is made. For e.g. If driver A (spot holder) accepts driver B (spot swapper) request for the posted parking spot. Driver A will only be awarded parking points after driver B secure the posted parking spot. Driver B will complete the swap by pressing the swapping tab icon in the TradeParking application. Open parking space information is base mainly on users data gathering. TradeParking is not liable for any open spot, street, private garage, and residential driveway parking information that is deemed inaccurate by users. All open parking is base on users information sharing. In addition, the application is not responsible for users who choose to become disgruntled or choose to engage in any physical altercation for inaccurate parking spot data. TradeParking do not support these behaviors by any users. If, or when reported to the company, we will take these matters seriously. We strongly advise users who have been harassed physically and or verbally attacked, discriminated against, and experience any other unjustified treatment from using our application to report the individual or individuals immediately to us or contact law enforcement.
Intellectual property
rights
"Intellectual
Property Rights" means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights,
trademarks, designs, patents, inventions, goodwill and the right to sue for
passing off, rights to inventions, rights to use, and all other intellectual
property rights, in each case whether registered or unregistered and including
all applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or forms of
protection and any other results of intellectual activity which subsist or will
subsist now or in the future in any part of the world. This Agreement does not
transfer to you any intellectual property owned byTradeParkingor third parties,
and all rights, titles, and interests in and to such property will remain (as
between the parties) solely withÂTradeParking. All trademarks, service marks,
graphics and logos used in connection with the Mobile Application and Services,
are trademarks or registered trademarks ofTradeParkingor its licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Mobile Application and Services may be the trademarks of other third parties.
Your use of the Mobile Application and Services grants you no right or license
to reproduce or otherwise use any ofTradeParkingor third party trademarks.
Limitation of
liability
To the fullest extent
permitted by applicable law, in no event willTradeParking, its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any
person for any indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of content, impact on business, business interruption,
loss of anticipated savings, loss of business opportunity) however caused,
under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable
party has been advised as to the possibility of such damages or could have
foreseen such damages. To the maximum extent permitted by applicable law, the
aggregate liability ofTradeParkingand its affiliates, officers, employees,
agents, suppliers and licensors relating to the services will be limited to an
amount greater of one dollar or any amounts actually paid in cash by you
toTradeParkingfor the prior one month period prior to the first event or
occurrence giving rise to such liability. The limitations and exclusions also
apply if this remedy does not fully compensate you for any losses or fails of
its essential purpose.
Calling Feature
"TradeParking" provides an in-app calling feature to enable
real-time communication between users.
By using this feature, you agree that:
· The calling feature will be used only for lawful and
appropriate communication
· You will not misuse the feature for harassment, spamming, or
any prohibited activity
· Call quality and availability may depend on network
conditions and device performance
We reserve the right to restrict or suspend access to the
calling feature in case of misuse or violation of these terms.
Subscription
"TradeParking”
is a social networking / parking app mainly design to connect automobile owners
with each other for the purpose of solving the issue of finding open street
& private parking in large and over populated cities across the U.S.A. (
Potentially around the world). The application works by allowing users to
accumulate money (called parking points) by exchanging there parking spots with
another user. In addition, users can increase there parking points by providing
street parking information ( alternate parking dates & time) and traffic
information. Next, users can connect with each other through the app via direct
messaging, voice note & voice call to discuss parking locations, duration of parking, leaving time,
creating parking groups and teams, etc. TradeParking also allows users to place
their parking space up for an auction.
Subscription details
are as follows:
Monthly Subscription
Plan
• Cost:
$9.99/month: monthly subscription required for listing and bidding.
• Free
to download and register.
Indemnification
You agree to
indemnify and hold TradeParking and its affiliates, directors, officers,
employees, agents, suppliers and licensors harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys' fees,
incurred in connection with or arising from any third party allegations,
claims, actions, disputes, or demands asserted against any of them as a result
of or relating to your Content, your use of the Mobile Application and Services
or any willful misconduct on your part.
Severability
All rights and
restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent necessary so that
they will not render this Agreement illegal, invalid or unenforceable. If any
provision or portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent jurisdiction, it is
the intention of the parties that the remaining provisions or portions thereof
shall constitute their agreement with respect to the subject matter hereof, and
all such remaining provisions or portions thereof shall remain in full force
and effect.
Dispute resolution
The formation,
interpretation, and performance of this Agreement and any disputes arising out
of it shall be governed by the substantive and procedural laws of Texas, United
States without regard to its rules on conflicts or choice of law and, to the
extent applicable, the laws of United States. The exclusive jurisdiction and
venue for actions related to the subject matter hereof shall be the courts
located in Texas, United States, and you hereby submit to the personal
jurisdiction of such courts. You hereby waive any right to a jury trial in any
proceeding arising out of or related to this Agreement. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to
this Agreement.
Changes and
amendments
We reserve the right
to modify this Agreement or its terms relating to the Mobile Application and
Services at any time, effective upon posting of an updated version of this
Agreement in the Mobile Application. When we do, we will revise the updated
date at the bottom of this page. Continued use of the Mobile Application and
Services after any such changes shall constitute your consent to such changes.
Acceptance of these
terms
You acknowledge that
you have read this Agreement and agree to all its terms and conditions. By
accessing and using the Mobile Application and Services you agree to be bound
by this Agreement. If you do not agree to abide by the terms of this Agreement,
you are not authorized to access or use the Mobile Application and Services.
Contacting us
If you would like to
contact us to understand more about this Agreement or wish to contact us
concerning any matter relating to it, you may do so via the contact form or
send an email to tradeparkingllc@gmail.com