Effective date: September 23, 2024
These terms of use (“Terms of Use”) are entered into by and between you and Park Pride Inc. (“Park Pride”, “we”, “us”, or “our”). In these Terms of Use, “you” and “your” refer to: (a) the individual accessing the System or using the Services; (b) any electronic agent accessing the System or using the Services; and (c) the business entity on whose behalf an individual or electronic agent is accessing the System or using the Services.
These Terms of Use govern your access to our System and your use of our Services. In these Terms of Use, “System” refers to: (a) the website located at https://parkpride.org/ (the “Website”); and (b) all content, information, text, data, code, software, graphics, images, logos, audio, and other materials in the Website (the “Content”), as well as the design, structure, coordination, expression, “look and feel”, and arrangement of such Content. “Services” refers to the services, features, and functionality made available by Park Pride through the System.
These Terms of Use constitute a contract between you and Park Pride.
BY ACCESSING THE SYSTEM OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THE SYSTEM OR USE THE SERVICES.
Legal Capacity and Age
Park Pride’s System and Services are intended for a general audience and are not intended by use by minors. By accessing our System or using our Services, you represent and warrant that: (a) you have the legal capacity to enter into these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract); and (b) you are at least eighteen (18) years of age.
Changes to the Terms of Use
Park Pride may modify these Terms of Use at any time in our sole discretion, effective immediately upon posting the revised Terms of Use, along with the effective date, on the System. We may give notice of such modifications by any means, including by posting a revised version of these Terms of Use on the System. Your continued access to the System or use of the Services after such modifications signifies your acceptance to such modifications.
Ownership of the System and the Services and Access License
You understand and agree that Park Pride owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services. You acknowledge that the System and the Services are proprietary to Park Pride and are protected by applicable intellectual property and other proprietary rights, laws, and treaties, and that you acquire no ownership interest in the System or the Services by accessing the System or using the Services.
Subject to these Terms of Use, Park Pride grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access the System and use the Services solely for your internal use.
Use of the System and Services
Park Pride reserves the right to do any of the following, at any time, without notice or liability: (a) terminate these Terms of Use; (b) refuse, restrict, suspend, discontinue, or terminate operation of or access to the System or use of the Services, or any portion thereof; (c) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (d) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform maintenance, error correction, or make other changes.
In connection with your access to the System and your use of the Services, you agree you will not (or allow or assist a third party to):
a) violate any applicable laws or regulations;
b) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or the Services;
c) access the System or use the Services for any unlawful, unauthorized, fraudulent or malicious purpose;
d) access the System or use the Services in a manner that could damage, disable, overburden, or impair any of Park Pride’s servers or networks or other users of System or the Services;
e) access the System or use the Services in a manner that could interfere with any other party’s use and enjoyment of the System or the Services;
f) gain unauthorized access to any accounts, systems, or networks through hacking, password mining or any other similar means;
g) create a false identity for the purpose of misleading others or impersonate any person or entity, including, but not limited to, any Park Pride representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h) access systems, networks, data, or information not intended by Park Pride to be made accessible to a user;
i) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
j) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that infringes any intellectual property, privacy, or proprietary rights of any party;
k) upload or transmit viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the System or the Services;
l) upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
m) delete or revise any material posted by any other person or entity;
n) probe, scan, test the vulnerability of, or breach the authentication measures of, the System or the Services or any related networks or systems without Park Pride’s express prior written consent;
o) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any events, products, or services if you are not expressly authorized by such party to do so;
p) harvest or otherwise collect information or data about others on the System, including, but not limited to, any personal information;
q) use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any content, information, or data thereon; or
r) access the System or use the Services in a manner other than for their intended purpose.
Park Pride reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, but not limited to, the suspension or termination of your access to the System or the Services. Park Pride reserves the right to disclose any information as Park Pride deems necessary to satisfy the requirements of any applicable law, regulation, legal process, or governmental request. You agree to reimburse Park Pride for any damage, loss, cost, or expense Park Pride incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your access to the System or use of the Services for any prohibited or unlawful purpose.
Representations and Warranties
You represent and warrant that: (a) all information, data, materials, or other content that you submit to or through the System or the Services are and shall be true, accurate, complete, and suitable for the purpose which they are intended; and (b) your access to the System and use of the Services shall comply with all applicable laws and regulations.
Disclaimer of Warranties
THE SYSTEM AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
PARK PRIDE, OUR THIRD PARTY SUPPLIERS, AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SYSTEM OR THE SERVICES. WE MAKE NO WARRANTY THAT THE SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SYSTEM OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SYSTEM OR THE SERVICES.
PARK PRIDE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, PARK PRIDE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. PARK PRIDE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
Indemnity
You agree to indemnify, defend, and hold harmless Park Pride and its officers, directors, members, agents, and contractors from and against any loss, damage, liability, claim, demand, cost, or expense (including attorneys’ fees) in connection with, arising out of, or related to: (a) your access to the System and your use of the Services; (b) any content, data, or information that you submit, post to, or transmit through the System or Services; (c) your violation of these Terms of Use; and (d) your violation of any applicable law or regulation, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARK PRIDE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, EVEN IF PARK PRIDE WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
WITHOUT LIMITING ANY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF PARK PRIDE IS FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE SERVICES, PARK PRIDE’S CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED USD $100.
Linked Websites
For your convenience, certain hyperlinks may be provided on the System and the Services that link to other websites or social media platforms which are not under the control of Park Pride (the “Linked Websites”). Park Pride does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Park Pride disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any products or services from such Linked Websites are subject to the terms and conditions of such Linked Websites. You agree that you will bring no suit or claim against Park Pride arising from or based upon any use of Linked Websites.
Disclaimer of Third-Party Information
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third-Party Materials”), Park Pride has no editorial control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services, or other Third-Party Materials are those of the applicable third party. Park Pride does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with Park Pride.
General
The version of these Terms of Use posted on the System on each respective date you visit the System will be the Terms of Use applicable to your access to the System or use of the Services on that date. Our electronically or otherwise properly stored copies of the Terms of Use shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you accessed the System or used the Services.
These Terms of Use and any other terms by Park Pride which reference these Terms of Use (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to the System and your use of the Services. You agree that you shall not contest the admissibility or enforceability of Park Pride’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Park Pride.
Park Pride may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the express prior written consent of Park Pride. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Park Pride shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor your access to the System or your use of the Services, create any partnership, joint venture, employment, or other agency relationship between Park Pride and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Governing Law, Venue, and Claims Limitation
These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles, or rules, and regardless of your location. You agree to exclusive jurisdiction of the state and federal courts located in the State of Georgia for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts. Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Services must be commenced within one year after the cause of action arises.