Last updated: November 14, 2016
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE SERVICE (DEFINED BELOW).
By clicking the button “Agree”, or otherwise accessing and using the Service (defined below), you acknowledge and represent that:
- You are over 18 and have the legal capacity to enter these Terms (defined below).
- If you are entering these Terms on behalf of your employer or another legal entity, and do not have the authority to bind the entity or employer, you will have an authorized person consent to and accept these Terms before using the Service.
These Terms constitute a fully binding agreement between POLIS Technologies, Inc., (“POLIS “, “We” or “Us”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms and that you print or save a copy of this agreement.
BEFORE ACCEPTING these TERMS PLEASE CAREFULLY REVIEW SECTION 15 and 16 of thESE TERMS, WHICH DISCLAIM WARRANTIES AND LIMIT POLIS’ LIABILITY TO YOU.
- these Terms; and
IF YOU DO NOT AGREE TO THESE TERMS OR ANY OF ITS PARTS, THEN YOU ARE PROHIBITED FROM USING THE SERVICE AND WE REQUEST THAT YOU REFRAIN FROM DOING SO.
- THE SERVICE. The Service is intended to give users information about parking and aid them in their search for parking. While the Service aspires to be helpful, it is not meant to guarantee parking availability or be relied upon in situations where signage, or other indicators provide otherwise (for a full DISCLAIMER OF WARRANTIES see section 15 of these Terms). A complete description of the Service is available at Site (Polisassist.com).
- RIGHT TO USE. Subject to the terms, conditions and limitations set forth in these Terms, POLIS grants you a non-exclusive, non-transferable and revocable license (without any right to sub-license any part of the Service) to use the Application on any mobile device that you own or control. This sublicense is limited to the Application, Site and products and features owned by POLIS. POLIS does not convey a sublicense for any platforms, i.e. hardware or software, it used to create the Site, and/or Application, unless the applicable terms of service agreement(s) for those platforms explicitly allow such a sublicense.
These Terms will also govern any upgrades or modifications provided by POLIS that replace, modify and/or supplement the Service. You may use the Service solely for private and personal purposes.
RESTRICTIONS ON USE.
- You agree not to do, or authorize or permit any third-party to do, any of the following:
- distribute, display or make the Service available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the Service;
- copy, decompile, reverse engineer, disassemble, attempt (in whole or in part) to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that you cannot be prohibited from so doing under applicable law);
- remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Service;
- interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities;
- remove, deface, obscure, or alter POLIS’, or any third party’s copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service, or use or display logos of the Service differing from POLIS’ own without POLIS’ prior written approval;
- use the Service to develop a competing service or product;
- take any action that imposes or may impose (at POLIS’ sole discretion) an unreasonable or disproportionately large load on POLIS’ or any third party’s infrastructure and/or
- use the Service in any unlawful manner or in breach of these Terms.
- You must not use the Service commercially. For example, you may not offer to any third party use of the Service; you may not resell the Service, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of POLIS.
- You must not copy, print, save or otherwise use the data from the Service’s database.
- When using the Service, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper, deep-link or other automated means to access the Service for any purpose without the express written permission of POLIS.
- The Service may not be used in any way not expressly permitted by these Terms.
- POLIS may protect the Service by technological means intended to prevent unauthorized use of the Service. You may not circumvent or try to circumvent these means. Without derogating POLIS’ rights under these Terms or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease all uses of the Service. However, you may still be liable for any fees and/or other obligations owed to POLIS.
THIRD PARTY SERVICES, APPLICATIONS AND COMMERCIAL INFORMATION.
- POLIS may incorporate, in the Service, advertisements and/or information of a commercial nature. The source of such information may originate from POLIS or from third parties. If such information originates from third parties, POLIS cannot and does not guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by POLIS does not constitute a recommendation or encouragement to procure the goods or services advertised.
- THIRD PARTY TERMS OF SERVICE. To create the Application POLIS has used other platforms. The following of which require You to accept their Terms of Service:
- Google. By using the Service, you are agreeing to be bound by Google’s Terms of Service agreement. POLIS recommends that You review these Terms of service which can be viewed at https://developers.google.com/maps/terms; and
- Skobbler. By using the Service, you are agreeing to be bound by Telenav GmbH’s (aka Skobbler) End User Terms and Conditions agreement. POLIS recommends that You review the End User agreement which can be found at http://www.skobbler.com/legal#terms.
- ACCOUNT. To use the Service, you may create an account (“Account”). If you do not wish to create an Account, you may elect not to do so. However, use of the Service without creating an Account may limit your access and use of some parts of the Service. If you create an account, you must not allow anyone other than yourself to access and use your Account. Further you acknowledge and agree:
- to provide accurate and complete Account and login information;
- to keep all Account login details and passwords secure at all times;
- to remain solely responsible and liable for the activity that occurs in connection with your Account,
- that multiple people may not share the same login details; and
- to promptly notify POLIS in writing if you become aware of any unauthorized access or use of your Account or the Service.
- FEES. Your access to and use of the Service is subject to up-front payment in full of the subscription fees. You acknowledge that the subscription fee during any Renewal Term (as such term is defined below) will be determined by POLIS’ then-current subscription fees.
- PAYMENTS. If you make a purchase from POLIS, then you acknowledge and agree:
- That we, or one of our third party payment processors (each a “Payment Processor”), may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription;
- To only provide valid and current information for (i) yourself; or (ii) another person, but only if you have first obtained their express consent to do so;
- That we may use the tools, software or services of Payment Processors to process transactions on our behalf; and
- If your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand (any amount not paid when required to be paid shall accrue interest on a daily basis until paid in full at the lesser of:
- the rate of one and a half percent (1.5%) per month; or
- at the highest amount permitted by applicable law).
- All payments by you:
- unless otherwise stated, are and shall be paid in US Dollars;
- are non-refundable; and
- are exclusive of all taxes, levies, or duties, which are your responsibility.
- We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.
- TERM. These Terms shall become effective on the earlier of:
- the date that you commence access to or use of the Service; or
- the date that we receive payment of any applicable Service subscription fee, and shall continue until expiration of the subscription period (the “Initial Term”).
Thereafter, subject to your payment of any applicable Service subscription fees, these Terms shall automatically renew for successive subscription periods (each a “Renewal Term”, and together with the Initial Term, the “Term”), or until these Terms are terminated in accordance with the section herein entitled ‘Termination of Use of the Service’. If you continue to use the Service past any subscription period renewal date, you shall be deemed to have renewed these Terms for the corresponding Renewal Term.
- TERMINATION OF USE OF THE SERVICE.
- POLIS may, in its sole discretion, temporarily disable or permanently terminate your password, account (or any part thereof) or use of the Service, or remove and discard any content or information posted, sent, or received via the Service without prior notice and for any reason or no reason, including, but not limited to: (i) any unauthorized access or use of the Service, (iii) any violation of these Terms, or (iv) tampering with or alteration of any of the software, data files, and/or content contained in or accessed through, the Service.
- You may terminate these Terms by terminating your account to the Service or, if you do not have an account, restraining from any further use and deleting the Service from you electronic Devices. Termination, suspension, or cancellation of these Terms or your access rights to the Service shall not affect any right or relief to which POLIS may be entitled, at law or in equity. When this legal agreement to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including, but not limited to: Sections 4, 11, 15, 16, 18, 20, and 28 of these Terms.
- Upon termination, suspension, or cancellation, all rights granted to You will automatically terminate and immediately revert to POLIS and its licensors and all rights granted by you to POLIS shall survive in perpetuity.
- INTELLECTUAL PROPERTY.
- All intellectual property (“IP”) rights in and to the Service, including copyrights, trademarks, industrial designs, patents, trade secrets including data related your usage thereof and any other POLIS IP, and any rights therein not explicitly granted to you by these Terms, are reserved to and shall remain solely and exclusively proprietary to POLIS or its third-party licensors.
- “POLIS Assist”, the POLIS Assist logo, and other trade and/or service marks are property of POLIS and, to the extent permitted by law, may not be used in any manner not expressly permitted by these Terms unless express written consent is received from POLIS.
- APPLE. If you use the Service through an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance.
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
- TELEPHONE CHARGES. You are responsible for any fees assessed by your wireless telephone carrier to access the Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the Service. POLIS reserves the right to change at any time the phone number designated for you to access the Service, including eliminating any toll-free numbers.
- DISCLAIMER OF WARRANTIES. By agreeing to these terms you acknowledge and agree to the following.
- NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, WILL EXCLUDE OR LIMIT POLIS’ WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND POLIS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, POLIS AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE SERVICE WILL BE ACCURATE OR RELIABLE;
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED;
- THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE;
- THE SERVICE WILL BE SECURED FROM UNAUTHORIZED ACCESS TO POLIS’ COMPUTERS, IMMUNE FROM DAMAGES; and/or
- THE SERVICE WILL BE FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, APPLICATION FAILURES AND APPLICATION COMMUNICATION FAILURES, ORIGINATING EITHER IN THE SERVICE OR ANY OF ITS PROVIDERS.
- ADDITIONALLY, AND WITHOUT DEROGATING FROM ANY OTHER DISCLAIMERS IN THESE TERMS, POLIS DISCLAIMS ANY WARRANTY FOR THE ACCURACY OF THE MAPS, ROAD CONDITIONS, OR PARKING FEES PRESENTED IN OR BY THE SERVICE.
- ANY CONTENT OBTAINED THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLIS, OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- POLIS, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- LIMITATIONS OF LIABILITY. Despite POLIS’s intent that the Service always functions appropriately and no damage results, whether arising from the Service, these Terms or otherwise, it is understood and agreed that any damage that may result from the Service or these Terms is expressly limited as stated below:
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLIS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, AND LICENSORS AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.
- THE LIMITATIONS ON LIABILITY IN SECTION 15(a) OF THESE TERMS WILL APPLY WHETHER POLIS, ITS LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
- Some Jurisdictions do not allow a limitation of liability for certain types of damages specified section 15(a). To the extent that these provisions are not allowed by the Jurisdiction, applicable to youR claim, you acknowledge and agree that liability should be limited to the maximum extent allowed by that jurisdiction.
- IN NO EVENT, SHALL THE AGGREGATE LIABILITY OF POLIS FOR ANY DAMAGES OR LOSSES UNDER THESE TERMS OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE EXCEED THE TOTAL AMOUNT OF ANY FEES PAID BY YOU FOR THE SERVICE, IF ANY, DURING THE ONE (1) YEAR PERIOD PRIOR TO BRINGING THE CLAIM.
- NO RELIANCE AND ASSUMPTION OF THE RISK. Despite POLIS’ efforts to provide up to date information the Service shall not be relied upon when inconsistent with, including but not limited to, any of the following:
- temporary or permanent street signs or markers;
- street lights;
- public safety officer instructions;
- official traffic or crossing guard instructions; or
- any other indicator meant, by any level of the government or any body given authority by the government, to provide instructions on parking or traffic.
Additionally, if there are inconsistencies between reality and what is displayed on the Service you should exercise your independent judgment and use Service at your own risk. You acknowledge that You must observe all traffic laws and will not rely on the Service in place of those laws. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT AND THE RESULTING CONSEQUENCES.
- TIME TO BRING ACTION. Should You desire to file any cause of action against POLIS, arising out of or related to the Service and/or these Terms, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit. By agreeing to these Terms, you acknowledge and agree to establish a shorter limitation period than the period provided by statute for commencing an action arising out of your use of the Service or these Terms.
- SAFE AND LAWFUL USE OF THE SERVICE: When using the Service you agree as follows:
- To observe all traffic laws and otherwise drive safely;
- To use your own personal judgement while driving. If you feel that a route or parking information suggested by the Service, instructs you to park illegally, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions;
- To not interact with the Service, unless your vehicle is stationary and parked; and
- To not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with these Terms.
- BREACH AND INDEMNITY. Without derogating from any applicable law, you agree to indemnify (i.e. pay for any resulting loss or damage) and hold harmless POLIS and our affiliates, employees, officers, directors, consultants and agents from any third party or other claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of the Service; and/or (ii) your breach of these Terms.
- Be aware that when you use the Service, we may use GPS technology (or other similar technology) to determine your current location and other user information, and we may store such location details other information in our databases. This data is used for a variety of purposes but mainly to improve the Service, and your experience with the Service, and to increase the Service’s functionality and user friendliness.
- If you do not want Us to have access to your location, you should turn off the location services either through your mobile phone settings or through your web browser settings.
- DISCLOSURE. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service as we reasonably believe necessary to:
- satisfy any applicable law, regulation, legal process, subpoena or governmental request;
- enforce these Terms, including to investigate potential violations hereof;
- detect, prevent, or otherwise address fraud, security or technical issues;
- respond to your support requests; and/or
- protect the rights, property or safety of POLIS, its users or the public.
- MODIFICATIONS TO THE SERVICE. POLIS may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt and/or change the Service, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against POLIS for applying such changes or for failures incidental to such changes.
- MODIFICATIONS OF THESE TERMS. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective:
- Ten (10) days following our sending a notice to You; and/or
- By your continued use of the Service after POLIS has posted revised Terms on the Site (as found at www.POLISAssist’s.com/terms.html).
- ASSIGNMENT OF RIGHTS.
- You may not assign or transfer your rights in and to the Service, without the prior written consent of POLIS.
- POLIS may assign its rights in and to the Service to any third party at its discretion, provided that the third party undertakes POLIS obligations to you under these Terms.
- COMPLIANCE WITH LAWS.
- Each party shall comply with all applicable laws relating in any way to its performance of its obligations under these Terms. You agree to comply fully with all applicable export laws and regulations in any jurisdiction to ensure that neither the Service nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- By agreeing to these Terms, You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- GOVERNMENT USE. If You are part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service is a “commercial item”, “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Service by the Government shall be governed solely by the terms of these Terms.
- GENERAL LEGAL TERMS.
- Validity. If any provision, or part of a provision, of these Terms is held to be unenforceable, the rest of the Terms shall remain intact and be construed without the unenforceable such provision, or part of said provision.
- Notices. POLIS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
- No Waiver. POLIS will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if POLIS expressly states in a writing signed by an authorized representative that POLIS is waiving a specified Term.
- Equitable Relief. You understand and agree that damages for improper use of the Service may be irreparable; therefore, POLIS is entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies it may have.
- Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
- Headings. Section headings are provided for convenience only and have no substantive effect on construction.
- No Joint Venture/Employment. Nothing herein shall be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any agreement that is binding on the other party.
- Performance. Except for your obligation to pay POLIS, neither party shall be liable for any failure to perform due to causes beyond its reasonable control.
- GOVERNING LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL COURTS OF VENTURA, CALIFORNIA, USA OR THE STATE COURTS OF SANTA BARBARA, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
- CONTACT US. You may contact us concerning any questions about the Service at support@POLIStechnologies.com. We will make our best efforts to address your inquiry promptly.