Parqer - Cashless Valet Parking
Parqer User Agreement and Terms of Service
Parqer User Agreement and Terms of Service
Welcome to Parqer
This Parqer User Agreement and Terms of Service (“Agreement”) is a legal agreement between you (“User,” “you,” “your”) and Parqer Payments, LLC (“Parqer,” “we,” “our,” or “us”) governing your use of Parqer’s mobile payment and customer rewards platform and related services (“Services” or “Parqer Services”). In connection with the Services, Parqer provides and/or enables related mobile applications (the “App”) for use by you to make payments for goods and/or services and participate in incentive and rewards programs (“Campaigns”) offered by certain merchants that use Parqer’s payment processing services (“Merchants”), among other available functions. Parqer provides access to the Services and the App subject to your acceptance of this Agreement.
By accessing, downloading, copying, and/or using the App and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PARQER AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
Terms Governing Use of the Service
1. Account Registration.
To use the App to make payments and/or engage in any Merchant Campaigns, you must open an account with Parqer (“Parqer Account”) and associate a valid credit or debit card (a “Card”) with that Parqer Account. Our registration process will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the Parqer Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
By associating a Card with your Parqer Account, you consent to Parqer temporarily authorizing a charge on that Card as part of our verification process. (You will not be required to pay this charge, and it will disappear from your statement within a few days.) You are responsible for ensuring that all Cards are at all times current, non-expired, and valid for payments.
2. Accepted Cards.
The App allows you to make payments, including card-based payments initiated with cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the “Networks”). We are not a bank, and we do not offer banking services as defined by the United States Department of Treasury. We also do not offer money service business (“MSB”) services as defined by the United States Department of Treasury. You can associate with your Parqer Account any US-issued and most non-US issued credit, debit, pre-paid, or gift cards with a Visa, MasterCard, American Express, or Discover logo. We can update at any time the list of card types that you may associate with a Parqer Account. You may not associate HSA cards (Health Savings Account) with your Parqer Account, even if they have a Visa, MasterCard, American Express, or Discover logo on them.
3. Your Authorization.
By associating a Card with your Parqer Account, opening a tab with a Merchant within the App, and using the App to initiate a payment for a purchase with a participating Merchant, you authorize a charge to your Card as necessary to complete the purchase, including any convenience fees charged by the Merchant. There is no limit on the frequency of transactions you may make using your Parqer Account. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the App, you also authorize a credit to your Card to accomplish that transaction.
For our User’s convenience, there are two ways to maintain a Parqer Account: (i) authorizing a payment for each individual transaction, or (ii) agreeing to prepay your Parqer Account in the amount of $40 and authorizing Parqer to automatically debit your Card $40 when your Parqer Account falls at or below $10. If Parqer is unable to charge or debit your Card, and your Parqer Account balance falls below zero, Parqer shall suspend your Parqer Account until a valid Card is provided and the outstanding uncharged balance is resolved by Parqer. If, for any reason, your pre-paid Parqer Account balance is insufficient to pay any amounts payable by you to Parqer, and your Parqer Account is closed, you will remain liable to Parqer for such amounts.
Purchases you authorize through the App may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your Card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees imposed by those terms and conditions.
The App software is part of the App. Among other things, the software enables you to access and use the App. When you install the software, you will be asked to create your user profile and to establish a Parqer Account. You must complete this and other processes in order to make payments through the App. You must install any and all software updates to continue to use the App.
5. Compatible Mobile Devices and Third Party Carriers.
Your Parqer Account permits you to make payment card transactions on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not compatible mobile devices. You acknowledge that the use of a modified device to use the App is expressly prohibited, constitutes a violation of the terms of this agreement, and is grounds for termination of your Parqer Account. Parqer does not warrant that the App will be compatible with your mobile device or third party carrier.
Your use of the App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
6. Your Parqer Account.
By creating a Parqer Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state in which it operates. The App and your Parqer Account may only be used in the fifty states of the United States of America and the District of Columbia. You may not export the App directly or indirectly, and you acknowledge that the Appmay be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
By creating a Parqer Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) buyers or membership clubs, (3) credit counseling or repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) financial institutions offering manual or automated cash disbursements, (16) financial institutions offering merchandise and services, (17) sales of money-orders or foreign currency by non-financial institutions, (18) wire transfer money orders, (19) high-risk merchants, including telemarketing merchants, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (23) internet/mail order/telephone order firearm or weapon sales, (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate products, (28) escort services, and (29) bankruptcy attorneys.
Merchants accepting Parqer may choose to offer Campaigns and other loyalty programs to reward their customers. These loyalty programs may be linked to your Parqer Account. Any such loyalty programs and the rewards associated with them are offered by the Merchant alone (and not by Parqer). Should you have questions about any Merchant loyalty program, please ask the Merchant for more information about the program, including any applicable terms and conditions. Rewards associated with Merchant loyalty programs have no cash value, and Merchant may choose to discontinue its loyalty program(s) at any time.
7. Restricted Use.
You may use the App only to the extent that you obey all laws, rules, and regulations applicable to your use of the App.
8. Unauthorized or Illegal Use.
We may decide not to process a transaction if we believe that the transaction is in violation of any Parqer agreement, or exposes you, other Parqer users, our partners, or Parqer to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Parqer Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Parqer Account, and any of your transactions with law enforcement.
If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify Parqer immediately via email at email@example.com. If you fail to notify Parqer of a fraudulent or unauthorized transaction using your Parqer Account within two (2) business days of a transaction receipt, or in the case of a lost device, within two (2) business days of the lost device, you will be responsible for the fraudulent or unauthorized charges in an amount limited to the lesser of: (i) $500; or (ii) the sum of either $50 or the amount of the fraudulent use during the initial two (2) days (whichever is less), plus the sum of all fraudulent activity after the initial two (2) days prior to your notification to Parqer. You authorize Parqer to submit to your payment instrument(s) such charges up to that limited amount. If you fail to notify Parqer of a fraudulent or unauthorized transaction using your Parqer Account within sixty (60) business days of a transaction receipt, or in the case of a lost device, within sixty (60) business days of the lost device, you will be responsible for all fraudulent charges after the sixty (60) day period, and authorize Parqer to submit such charges to your payment instrument(s). In the event that the state in which you established your Parqer Account provides for lower limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
If Parqer determines that you have engaged in any fraudulent use of the App, or use in violation of this Agreement, in addition to its rights to recover of any monies required to remedy such fraudulent use, Parqer shall impose a fee of one hundred ($100.00) dollars for each investigation by Parqer that results in a confirmation of such violation of this Agreement. By registering for a Parqer Account, you agree to all additional fees and penalties that Parqer may impose in the event Parqer deems your use of the Services to be in breach of this Agreement, including without limitation the immediate termination of your Parqer Account.
To the extent that the security of your payment instrument(s) is compromised in an event having no relation to the Parqer platform (for example, your wallet is stolen), and your payment instrument is linked to another Parqer Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument.
9. Purchase Information.
By using the App, you give Parqer permission to share with Merchants information regarding your App purchases. You also give us permission to import into your Parqer Account and to share with Merchants information about purchases you have made using your Card and any of Parqer’s products or services.
10. Your Privacy.
11. Customer Service.
You understand and agree that Parqer is not responsible for any goods and services that you purchase using the App. The Merchants, and not Parqer, provide those goods and services. The Merchant, and not Parqer, is responsible for customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Merchant’s personnel, policies, or processes. The Network and/or other entity issuing your Card, and not Parqer, is responsible for customer service related to your Card.
12. Disclosures and Notices.
Your electronic signature on this Agreement, and any other agreements and documents, has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if Parqer had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you, unless we receive notice that the email or message was not delivered.
In order to access and retain the electronic Disclosures you will need, and represent that you have the following: (i) a computer or mobile device with an Internet connection; (ii) a current web browster that includes 128-bit encryption and has cookies enabled; (iii) a valid email address associated with your Parqer Account (if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you agree to white-list all emails from the @parqer.com domain to your email address book); and (iv) sufficient storage space to save past Disclosures and/or an installed printer to print them.
You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt. Parqer will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to
Parqer Payments, LLC
Attn: Support Team
PO Box 601231
Dallas, TX 75360
We will provide a copy of your receipt within ten (10) business days. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. Parqer reserves the right to terminate your Parqer Account if you withdraw consent to future electronic Disclosures.
At any time, you may update the email address to which Parqer will send alerts that your Disclosure is available. You can change your email address by sending a written request to Parqer Payments, LLC, Customer Support – Legal, PO Box 601231, Dallas, TX 75360.
13. User Content.
In connection with registration for a Parqer Account, users may upload photos or other materials or information to the App (“User Content”). You agree that you will not upload User Content to the App unless you have created that content yourself, or you have permission from the copyright owner to do so.
For any User Content that you upload to the App, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote the App and Parqer’s business. You retain all rights in your User Content, subject to the rights granted to Parqer in this Agreement. You may modify or remove your User Content via your Parqer Account or by terminating your Parqer Account.
You agree not to upload to the App or otherwise post, transmit, distribute, or disseminate through the App any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Parqer’s or its partners’ products and services, as determined by Parqer in its sole discretion; or (f) in Parqer’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the App, or which may expose Parqer, its affiliates, or users to harm or liability of any nature.
Although Parqer has no obligation to screen, edit, or monitor any User Content, Parqer reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
14. Copyright Infringement.
Parqer respects the intellectual property rights of others and asks you to do the same. It is Parqer’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the App in a way that constitutes copyright infringement, please contact Parqer’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the App of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Parqer or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may write to Parqer’s designated agent for notice of copyright infringement at:
Parqer Payments, LLC
PO Box 601231
Dallas, TX 75360
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Parqer or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Parqer, then Parqer may, in its sole discretion, reinstate the removed or disabled material.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Parqer does not, however, store your payment information on Parqer’s servers. Rather, we partner with Stripe, a respected payment gateway, to leverage its secure solutions for all payment instrument storage. We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions.
If your Parqer Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using The App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Parqer shall not be liable to you or any third party for termination of access to the App or for deletion of your information or account data.
17. Your Right to Terminate.
You may terminate this Agreement at any time by closing your Parqer Account and ceasing to use the App.
18. Suspension or Termination by Us.
We may terminate this Agreement and close your Parqer Account for any reason or no reason at any time upon notice to you. We may also suspend the App and access to your Parqer Account if you (a) have violated the terms of this Agreement, any other agreement you have with Parqer, or Parqer’s policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
19. Effect of Termination.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the App, or in connection with any termination or suspension of the App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
Additional Legal Terms
20. Your License.
Parqer grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the App solely to make payments in accordance with this Agreement or to participate in Merchant Campaigns. The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by Parqer. You will be entitled to download updates to the App, subject to any additional terms made known to you at that time, when Parqer makes these updates available.
While we want you to enjoy the App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Parqer system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with Parqer referencing this Section 20(i) that expressly grants you an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Parqer; (iii) permit any third party to use and benefit from the App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the App or any Parqer service or product, work around, bypass, or circumvent any of the technical limitations of the App, use any tool to enable features or functionalities that are otherwise disabled in the App, or decompile, disassemble or otherwise reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the App, prevent access to or use of the App by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the App except as expressly allowed under this section.
The App is licensed and not sold. Parqer reserves all rights not expressly granted to you in this Agreement. The App is protected by copyright, trade secret and other intellectual property laws. Parqer owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the App and all copies of the App. This Agreement does not grant you any rights to Parqer’s trademarks or service marks, registered or unregistered. The App also features the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed in the App, insures solely to the benefit of their respective owners.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Parqer under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Parqer does not waive any rights to use similar or related ideas previously known to Parqer, or developed by its employees, or obtained from sources other than you.
YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS (AND OUR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES AND REPRESENTATIVES) FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, DAMAGES, JUDGMENTS, TAX ASSESSMENTS, PENALTIES, INTEREST, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY CLAIM, ACTION, AUDIT, INVESTIGATION, INQUIRY, OR OTHER PROCEEDING INSTITUTED BY A PERSON OR ENTITY THAT ARISES OUT OF OR RELATES TO: (A) ANY ACTUAL OR ALLEGED BREACH OF YOUR REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS SET FORTH IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY VIOLATION OF OUR POLICIES; (B) YOUR WRONGFUL OR IMPROPER USE OF THE APP; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS; (D) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY; (E) ANY OTHER PARTY’S ACCESS AND/OR USE OF THE APP WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.
23. Representation and Warranties.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age or you are over the legal driving age in your jurisdiction and will use the App under the supervision of a parent or guardian who agrees to be bound by this Agreement; (b) you are eligible to register and use the App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use the App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the App; and (f) your use of the App will be in compliance with this Agreement.
24. No Warranties.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARQER OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PARQER, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
PARQER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PARQER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
25. Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARQER, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE APP. UNDER NO CIRCUMSTANCES WILL PARQER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP, YOUR PARQER ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARQER, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PARQER, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PARQER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The App is controlled and operated from facilities in the United States. Parqer makes no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the App if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the App are solely directed to individuals, companies, or other entities located in the United States.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact the firstname.lastname@example.org with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Parqer (“Parqer” includes its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees)) are defined for the purposes of this Agreement to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Parqer including but not limited to any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship, Parqer advertising, and any use of Parqer software or services. “Disputes” also include any claims that arose before this Agreement and that may arise after termination of this Agreement.
27. Binding Individual Arbitration.
You and Parqer agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST PARQER. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Dallas, Texas, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, Parqer will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Parqer will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Parqer also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Parqer services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Dallas, Texas, or federal court for the Northern District of Texas.
28. Governing Law.
This Agreement and any Dispute will be governed by Texas law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Texas, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
29. Limitation on Time to Initiate a Dispute.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
30. Right to Amend.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the App with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at parqer.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Parqer without restriction.
32. Third Party Services and Links to Other Web Sites.
33. Other Provisions.
Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and Parqer, and they describe the entire liability of Parqer and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the App. In the event of a conflict between this Agreement and any other Parqer agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Parqer may have under trade secret, copyright, patent, or other laws. Parqer’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 8, 9, 10, 11, 13, 14, 19, and 21-34.