Terms and Conditions

Revised as of March 12, 2019

Please read the following terms and conditions carefully before using this Web site. By accessing or using this site, you agree to the Terms and Conditions as set forth below. These terms and conditions may change from time to time at our sole discretion and you should review them regularly to determine the then current Parking NW Website Terms and Conditions and Privacy Policy to which you are bound. We provide use of the Website subject to these Terms and Conditions of Use (the “Terms”), which are effective as of the date set forth above. These Terms apply to all users of the Website, as well as to participants in any purchases made at, or activities or services provided by us at or in connection with our parking facilities, storage services, valet services, or any other goods or services that you purchase, use or inquire about from Parking NW (the “Services”).

These Terms are a legal agreement between you and us and contain important information regarding your legal rights. By accessing and using the Website or the Services, you acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations.  By accessing and using the Website, you further represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside and acknowledge and agree that your access to and use of the Website and the Services are valuable benefits that you receive by agreeing to, and complying with these Terms. You should discontinue accessing and using the Website immediately if you do not agree to these Terms and/or are prohibited from accessing or using the Website or the Services by applicable law.

Please contact us at info@parkingnw.com should you have any questions or concerns regarding these Terms.

Certain provisions of these Terms may be superseded by other legal notices or terms located on parts of our Website. In the event of a conflict between the Terms and Conditions and the terms of any other current and valid written agreement between Parking NW and its clients or vendors, the express terms and conditions of the latter agreement shall prevail. 

 

Our Website Is Intended to Serve You

Our Website is provided to you for your convenience and for your information only. By providing access to our Website, we do not warrant or represent that:

  • the content is accurate or complete
  • the content is up-to-date or current
  • we have a duty to update any content
  • the content is free from technical inaccuracies or typographical errors
  • the content is free from changes caused by third party
  • your access to our Website will be free from interruptions, errors, computer viruses or other harmful components

We do not assume any liability for these matters, and you use our Website at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Website, even if one of our representatives has been advised of the possibility of your damages. If your use of our Website results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the extent permitted by law. 

Our Web site content is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

 

Links to Third Party Content

We may provide hyperlinks or pointers to other Websites maintained by third parties or may provide third party content on our Website by framing or other methods. The links to third party Websites are provided for your convenience and information only. The content in any linked Websites is not under our control so we are not responsible for the content, including any further links in a third-party site. If you decide to access any of the third-party sites linked to our Website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.

By providing links to third-party Website, we do not, and no implication is made that we endorse, authorize or sponsor these Websites. It also does not mean that we are affiliated with these third-party Website’s owners or sponsors. 

Third-party Links to Our Web Site

If a third-party links to our Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In many cases, we may not even be aware that a third party has linked to our Website. 

A Website that links to our Website:

  • May not replicate our content
  • Should not create a browser, border environment or frame our content
  • Should not imply that we are endorsing it or its products
  • Should not misrepresent its relationship with us
  • Should not present false information about our products or services
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

We are not responsible for the information or materials contained on any website that is not this Website. Links to these Websites are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating a host website or a warranty of any type regarding a host website or the information on a host website.

Trademarks

You may not use any Parking NW owned or third party owned trademarks or logos (collectively, the “Marks”) without the prior written consent of Parking NW or the applicable trademark owner. Unauthorized use of any of Parking NW Marks, or of any word, term, name or symbol is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the linked Websites are the property of their respective owners. 

You may access and use the Website and the Website Content only for your personal and non-commercial use. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on this Website.

Transmission and Providing Data to Us

We do not ask for, nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website or any other means or mediums. If you transmit to or post on our Website any material, data, information or idea, it will be deemed and treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our Privacy Policy.

You are not authorized to use, post on or transmit to or from our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do not wish to grant rights and permissions as outlined in the paragraph, please do not submit, post or share your content on the Website.

 

Use of Parking NW Website

Our Website and its Content are owned and operated by us and we may change products or Services mentioned on the Website at any time with or without notice. Our Website’s Content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Violation of these restrictions is expressly prohibited by law and you may be subject to civil and criminal penalties.

You must be over the age of thirteen (13) to register as a visitor of the Website or otherwise submit or provide any personally identifiable information to Parking NW. By accessing or using the Website, you represent and warrant that you are over the age of thirteen (13) or are visiting the Website under the supervision of your parent or guardian. 

Your Account and Your User Information 

If you create an account (“Your Account”) or otherwise provide user or login information (“Your User Information”) when accessing the Website, you must provide us with complete and accurate information. You agree not to falsely identify yourself in any manner or provide any false or inaccurate information. You grant to Parking NW and all other persons and entities involved in the operation of the Website the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Website.  Your User Information and personal information is treated as set forth in our Privacy Policy accessible for review on our Website.

You are responsible for maintaining the confidentiality of Your User Information. You are also responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.

We reserve the right to terminate Your Account or to refuse the Services to you without prior notice at any time and for any or no reason.  You have the right to cancel Your Account at any time. You may cancel Your Account by following the instructions on the Website. Accounts terminated by us for any reason may not be reactivated.

Service Purchases 

All Service purchases that may be placed on or through the Website are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any purchase whether or not the purchase has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If your credit card has already been charged for a purchase that is subsequently cancelled and not received, a credit shall issue to your credit card account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we do not process or cancel. To the extent that our payment processing is undertaken by a third party on our behalf, such party’s rights are the same as ours for purposes of this paragraph. 

No warranties are made by the Parking NW with respect to any of the Services that may be provided, featured, endorsed, sold or distributed on or through the Website. You agree that the Parking NW is not liable or responsible to you with respect to any advice, activities, and/or Services that may be provided, featured, endorsed, sold or distributed on or through the Website, including, offensive or illicit materials or items, even if such materials or items violate these Terms.

We strive to provide accurate pricing information regarding the Services that we provide through the Website, however, we cannot insure against pricing errors. Additionally, we do not warrant that the descriptions and representations are accurate, complete, reliable, current or error-free. If a Service offered on the Website is not as described or shown, your sole remedy is to return the item if permitted under the Terms and any other Parking NW policy.

We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Service whose price or availability was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you. In addition, we reserve the right to correct any error in the stated price or availability or revise the pricing and availability of Services offered through the Website at any time.

You hereby acknowledge and agree that any and all charges for services ordered are not refundable in whole or in part and you are fully liable for all charges incurred on your Account including any unauthorized charges.

We may, from time to time, modify, amend, or supplement our billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Website. 

To the extent that the Website provides users access to resources, including all online tools in the Website, we assume no responsibility or liability for the accuracy or effectiveness of any such tool, information or the timeliness, or failure thereof. All such risks shall be borne by you.

You Agree to Indemnify Us for Using Our Web Site

By accessing this website, you agree to indemnify, defend and hold harmless Parking NW, its officers, directors, employees, agents, licensors, suppliers and any third party information and service providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms of use by you. You hereby agree and acknowledge that your sole remedy for any problems or dissatisfaction with the Website is to terminate your Account and discontinue accessing and using the Website.

 

17. Applicable Law

Any claims relating to our Web site and its Content and materials shall be governed by the laws of the State of Oregon without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning these Terms or the parties’ obligations shall be brought exclusively in a federal or state court in Oregon. 

Assignment 

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Indemnity

By using the Service, you agree to indemnify Parking NW and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from your use of the Service, your violation of this Agreement, or your breach of any representations and warranties herein. The terms of this Article shall survive termination of this Agreement and your use of the Service. 

 

Warranty Disclaimers 

the website and the website content and Services are provided “as is” and “as available” with all faults and without warranties of any kind, either express or implied.  Parking NW expressly disclaims all warranties and conditions of any kind, whether express or implied, including any warranty of condition, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, completeness, currency, reliability or usefulness of the website content and any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement, or that arises from any course of dealing, course of performance, usage of trade, or trade practice, which are excluded from this agreement to the extent that they may be excluded as a matter of law. 

 

Limitation of Liability of Parking NW 

At no time shall Parking NW be liable for any damages, loss or injury of any kind that arises out of or in connection with these Terms or any of the additional terms, sale or purchase of any products or services, accuracy of Content and description thereof, delay, timeliness, disruption of the Website and Services provided.  You understand and agree that Parking NW shall have no liability as the result of forgoing including for any direct, indirect, special, punitive, incidental or consequential damages, any lost profits, business, business opportunities or revenues, loss of goodwill or reputation, costs of replacement goods or services, any loss, deletion or corruption of, or damage to, hardware, software or data, any inconvenience or business interruption, or any direct, indirect, general, special, consequential, incidental, punitive, exemplary, enhanced, trebled or multiple damages whatsoever, whether based on warranty, contract, tort (including negligence), strict liability, product liability or any other theory of liability, whether or not such losses or damages are foreseeable or Parking NW has been advised of the possibility of such losses or damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.  In states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages Parking NW’s liability shall be limited to the extent permitted by law.

 

Further, Parking NW will not be liable for any loss, damage or injury arising from or in connection with any failure of performance, error, omission, interruption, defect or delay in operation or transmission, any computer virus or other harmful code or component, or any line failure.  Additionally, Parking NW shall not be liable for, or in connection with, any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website (including any of your content).  Parking NW’s total liability to you for all damages, losses and causes of action shall not exceed, in the aggregate the amount, if any, paid by you to us for your use of the website or for any of your activities on the website during the three months immediately preceding your claim or one hundred US dollars ( US $100), whichever is greater. 

  

You may contact us with your questions and concerns at:

Parking NW
PO Box 6916
Portland, OR 97228

info@parkingnw.com

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