Legal

GL PARKING

TERMS AND CONDITIONS

GL PARKING is a service of GL Parking Inc. and its affiliated entities (collectively, the “GL Parking Group”, “GL Parking”, “the Company” or “we” or “us” or “our”) By visiting this the Website (collectively, including all Contents (as defined below) available through the GL Parking.com domain name, the “GL Parking Website” or “Website”), You (the “You” or “User”) accept these Terms and Conditions and the terms and conditions of GL Parking’s Privacy Policy which are incorporated herein by reference, and agree to be bound by them. If You do not agree to these terms, then please do not use the GL Parking Website. GL Parking reserves the right to change or amend these Terms and Conditions or Privacy Policy at any time and to notify You by posting an updated version of the Terms and Conditions on this Website. The amended Terms and Conditions or Privacy Policy, as the case may be, shall be effective immediately upon posting.

1. USE LICENSE

The following terms apply to your conduct when accessing or using the Website: (a) you agree not to interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the GL Parking Group or any GL Parking Group employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Website or posting private information about a third party.

The Website may allow you to download certain resources made available by GL Parking, including but not limited to, whitepapers, datasheets, infographics, webinars, brochures and case studies (collectively the “Materials”). Permission is granted to temporarily download one copy of the Materials for personal, non-commercial transitory viewing only. This is the grant of a limited license for the sole purpose stated, and not a transfer of title. Under this license you may not:

modify or copy the Materials or Contents;
use the Materials or Contents for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Website;
remove any copyright or other proprietary notations from the Materials or Contents; or
transfer the Materials or Contents to another person or "mirror" the Materials and/or Contents on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by GL Parking at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

2. DISCLAIMER

The materials on the Website are provided on an 'as is' basis. GL Parking makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. Further, GL Parking does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site.

3. LIMITATIONS

In no event shall GL Parking or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if GL Parking or a GL Parking authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. ACCURACY OF MATERIALS

GL Parking has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GL Parking of the site. Use of any such linked website is at the user's own risk.

5. LINKS

6. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Contents”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Contents present on the Website is owned by or licensed to us. Such Contents are protected by copyright, trademark, and various other intellectual property and unfair competition laws.

Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Contents from the Website (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

You may display, copy and download Contents from the Website solely for your personal and non¬-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Contents will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE GL PARKING GROUP, OR ITS CURRENT OR FUTURE AFFILIATES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE GL PARKING GROUP OR FUTURE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE GL PARKING GROUP OR FUTURE AFFILIATES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES. GL PARKING GROUP’S TOTAL LIABILITY TO YOUR PURSUANT TO YOUR USE OF THE WEBSITE AND/OR THIS AGREEMENT SHALL BE ONE HUNDRED CANADIAN DOLLARS (CAD$100). IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. GENERAL TERMS

(a) Headings. The section headings used herein are for convenience only and shall not be given any legal import.

(b) Use of Cookies. GL Parking reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect users' preferences. The GL Parking Privacy Policy provides additional information regarding GL Parking’s use of cookies.

(c) Privacy Policy. GL Parking Contents utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications. GL Parking is not liable for any lack of privacy which may be experienced with regard to the Products or Services. Notwithstanding the foregoing, it is GL Parking’s policy to respect the privacy or our customers, please click on the "Privacy Policy" hypertext link located at the bottom of our Web pages to view our policy.

(d) Entire Agreement; Applicability of Other Agreements. These Terms and Conditions constitute the entire agreement between You and GL Parking related to this Website and the Contents. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and GL Parking relating to this Website. Notwithstanding the foregoing, You understand and agree that additional Product-specific or Service-specific terms and conditions may apply to a particular Product or Service that you are purchasing through this Website; any such additional terms and conditions will be provided to you for acceptance via this Website prior to your purchase of the said Product or Service.

(e) Modifications. GL Parking has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of GL Parking in providing the Website is to discontinue your use of the Website. GL Parking has the right to modify, suspend or discontinue the Website or any portion thereof at any time. GL Parking may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

(f) Waiver and Severability. The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.

(g) Assignment. You may not assign your rights and obligations hereunder. However, GL Parking’s rights and obligations are fully assignable.

(h) Notices. Notices by GL Parking to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to info@glparking.com; (ii) Mail and courier deliveries must be sent to: GL Parking INC., 300 Allstate Parkway, Markham, Ontario L3R 0P2, Canada.

(i) Written Agreement. These Terms and Conditions constitute a written agreement between You and GL Parking. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

(j) Governing Law. These Terms and Conditions are governed by the laws of the Province of Ontario to contracts made and performed solely in the Province of Ontario, without regard to conflict of laws principles.

(k) Arbitration. Other than any dispute that qualifies for small claims court, any dispute or disagreement of any kind between You and GL Parking shall be resolved by binding arbitration in accordance with the laws of the province of Ontario and the Arbitration Act (Ontario), which is deemed to be incorporated by reference into this clause, as modified or supplemented under this Section. The arbitration tribunal shall consist of one arbitrator. The decision of the tribunal shall be final and binding and no appeal shall lie therefrom. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as the panel determines in its discretion. Note however, that before You take a dispute to arbitration or to small claims court, You must first contact our Customer Care Department representative at the customer service number on your GL Parking invoice for the Products or Services, or write to us at the following address and give us an opportunity to resolve the dispute: GL Parking INC.., 300 Allstate Parkway, Markham, ON L3R 0P2, Attention: Legal Department. You must describe your dispute and provide GL Parking with any supporting documentation. Likewise, if GL Parking has a dispute with You, it will notify You by letter sent to your billing address and attempt to resolve it before pursuing litigation or arbitration.

(l) Violations. Notwithstanding anything to the contrary contained herein, GL Parking reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Website. Furthermore, if we believe that you have used this Website or any of GL Parking’s products or services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. GL Parking reserves all of its rights at law and equity to proceed against anyone who uses the Website or any services provided hereunder illegally or improperly.

(m) Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.

(n) Survival. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes shall survive the termination of the Agreement and the termination of the Services.