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PAY FOR YOUR PARKING NEEDS IN A FEW SIMPLE STEPS!

PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.

This user agreement (the "User Agreement") between you and Response Security (the "Company"), governs your use of the Web site www.parkandpay.ca (the "Site"), or any Web page operated by the Company. By using this Site, accessing any of the Company’s Web pages, or otherwise using any services provided by the Company, you represent and warrant to the Company that you have the requisite capacity to enter in to this User Agreement and you agree to the terms of this User Agreement as set forth below. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of the Company’s Web pages or use any other services provided by the Company. The Company reserves the right, at any time and without notice, to modify, alter, or update the User Agreement, and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them.


1. COPYRIGHT AND TRADEMARK NOTICES

All content included or available on this Site, including but not limited to code, scripts, images, forms, borders, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer software, interfaces, Site design elements, and the selection and arrangements thereof, in any format whatsoever (collectively the "Materials") are the property of the Company and/or third parties and are protected by copyright, trademark, patent, trade secret and other Canadian laws and international treaties. The Company grants you permission to electronically copy and to print portions of this Site solely for your own informational purposes as a consumer. Any other use of the Materials on this Site, including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, removal, deletion, addition, performance, display or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written consent of an authorized officer of the Company is strictly prohibited. You understand and agree that neither this User Agreement nor any conduct of the Company implies any license to use any of the Materials contained on this Site, whether or not such Materials are owned by the Company. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages or the content contained therein without prior written consent of an authorized officer of the Company.


2. DISCLAIMER OF WARRANTIES

THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL ON THE SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM SITES LINKED TO THIS SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY SERVICE OUTAGES THAT ARE CAUSED BY MAINTENANCE ON THE COMPANY’S SERVERS OR THE TECHNOLOGY THAT UNDERLIES THIS SITE, FAILURES OF THE COMPANY’S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING AND POWER PROVIDERS) COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF THE COMPANY’S FACILITIES, AN ACT OF NATURE, WAR, CIVIL DISTURBANCE OR OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE COMPANY.

THE COMPANY DOES NOT WARRANT THAT THIS SITE, ANY WEB SITE LINKED TO THIS SITE, OR THE WEB SITES OF THE COMPANY’S PARTNERS, AFFILIATES, SUPPLIERS OR VENDORS WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS SITE OR ON ANY SITE LINKED TO THIS SITE, OR AS TO THE QUALITY OF THE PRODUCTS OR SERVICES SOLD THROUGH THIS SITE. THE COMPANY’S SITE, ITS CONTENT AND THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE ARE SOLD AND/OR PROVIDED TO YOU ON AN "AS IS," AND "AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTY THAT (I) THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OR INTEGRITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS SITE WILL (A) MEET YOUR EXPECTATIONS (B) BE OF MERCHANTABLE QUALITY OR (C) BE FIT FOR THE PARTICULAR PURPOSE IN WHICH YOU INTEND TO USE SUCH PRODUCTS, SERVICES OR INFORMATION (V) THIS SITE, ITS SERVERS, AND ANY WEB SITES LINKED TO THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (VI) ANY ERRORS WILL BE CORRECTED. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPANY’S SITE, ANY CONTENT ON THE SITE OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE, AND THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT.


3. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE COMPANY, ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, VENDORS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES, AGENTS, SUCCESSORS OR ASSIGNS (THE "COMPANY PARTIES" OR "COMPANY PARTY" AS THE CASE MAY BE) BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT, THE SALE OF PRODUCTS OR SERVICES THROUGH THE SITE, OR ANY OTHER USE OF THE SITE, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF ANY COMPANY PARTY), OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN THE EVENT SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW, FAIL OF THEIR ESSENTIAL PURPOSE, OR DO NOT OTHERWISE APPLY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL NOT EXCEED FORTY DOLLARS CANADIAN ($40.00 CDN). YOU AGREE THAT ANY LIMITATIONS ON LIABILITY STATED IN THIS SECTION 3 IS A FAIR ALLOCATION OF RISK BASED UPON THE MANNER AND COST BY WHICH THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO TAKE OTHER MEASURES OR CONSULT OTHER RESOURCES IN CONNECTION WITH THE TYPE OF PRODUCTS AND SERVICES PROVIDED BY THIS SITE.


4. PRIVACY POLICY

Incorporated and made a part of this Agreement is the Privacy Policy located at www.parkandpay.ca/company/policy (the "Privacy Policy"). You hereby agree to allow the company to collect and use the personal information specified in the Privacy Policy in a manner set forth in the Privacy Policy, and you understand and agree that any personal information about you, including any information you provide or otherwise voluntarily or involuntarily reveal, is subject to our Privacy Policy. The Company reserves the right to change the Privacy Policy at any time upon written notice posted to the Site.


5. INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless the Company from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Company Party in connection with any claim of any kind as a result of:

1. Your use of this Site or any Web site linked to this Site;
2. Your connection to this Site;
3. Your purchase of any products sold through this Site;
4. Your use of any products sold through this Site;
5. The content, quality or performance of content that you submit or transmit to or through this Site;
6. Any use or alleged use of your accounts by any person, whether or not known or authorized by you;
7. Your violation of this User Agreement; or
8. Your violation of the rights of any other person or entity.

The Company reserves the right but not the obligation, at the Company’s own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company in defense of these claims.


6. YOUR CONDUCT ON THIS SITE

The technology and software underlying this Site and the services provided by the Company are the property of the Company. You agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying Site or the services provided by the Company. You agree not to modify the software underlying this Site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site.

You agree to grant an irrevocable exclusive license to use any intellectual property you post to or transmit through this Site, including but not limited to a license to create derivative works from any such intellectual property.

You agree that you will not use the Site to do any of the following:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") through or on the Site any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, this Site, any software or hardware, or telecommunications equipment;
4. Interfere with or disrupt the Site, servers or networks;
5. Impersonate any person or entity, including, but not limited to, a Company representative or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on the Site;
7. Take any action that imposes an unreasonably or disproportionately large load on the Site infrastructure; or
8. Engage in any illegal activities.

You understand and agree that the Company may terminate your limited license to use the Site at any time for any reason, regardless of whether or not you engage in any of the activities listed above.

Furthermore, you acknowledge that information contained on this Site may be inaccurate or incomplete in part or in whole. In this regard you agree that you will not rely on any information contained on this Site, including but not limited to information regarding the quality, availability, appearance, performance or pricing of any consumer products or services, information regarding the quality or scope of customer service provided by any third party person or entity, or information relating to any aspect of the sale of consumer goods.

Unauthorized access to the Site is a breach of this User Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by the Company for use in accessing this Site.
Use of the Site is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site.


7. GOVERNING LAW/DISPUTES

The Company is based in Ontario, Canada with principle offices in the Province of Ontario, Canada. If there is any dispute about or involving the Company’s Services, you agree that the dispute shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of Canada located in the Province of Ontario, City of Ottawa. Either the Company or you may demand that any dispute between the Company and you about or involving the Company’s Services must be settled by a mutually agreeable arbitrator, provided that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site, the Company’s Services, the Content and your purchase of any products or services.


8. SALES TAX

All prices listed on this website do not include provincial or federal Sales Taxes. All applicable taxes are added to listed prices at the time of sale, thus it is the Company’s responsibility to pay the applicable taxes. You will not be held responsible for any sales tax imposed or assessed with respect to products you purchase through this Site, whether or not such taxes are imposed or assessed at the time of sale or at any time after such sale.


9. THIRD PARTY LINKS

The Company may provide links to third party Web sites or access to third party content. The company does not control, endorse or guarantee content found on such sites. You agree that the Company is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that the Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.


10. RETURN POLICIES

We do not offer a return policy. Your purchase of parking passes is final. If you have any questions or concerns please call technical support at 1-877-886-0088.


12. DELIVERY

No delivery of the purchased pass is required. Once the pass is purchased, it is automatically valid in the system. You may choose to print your pass; however, enforcement officers will access the system for valid passes and will not rely on printed passes.

Please contact us at 1-877-886-0088 or email us at response@response-security.com with any questions regarding this User Agreement.