Organic Parking Terms of Service

Organic Parking Inc. (“Organic Parking”) provides a platform for Users (as defined below) to post information to assist other Users in obtaining a parking spot through the use Organic Parking’s application downloaded and installed by you on your Android or iOS mobile device (the “Organic Parking Platform”). The services provided by Organic Parking through the Organic Parking Platform or the Site shall be the “Services.”

IMPORTANT NOTICE. Read these Terms of Service (the “Terms of Service”) carefully before downloading, installing or using the Organic Parking Platform. BY DOWNLOADING, INSTALLING OR USING THE ORGANIC PARKING PLATFORM, ACCESSING THE ORGANIC PARKING WEBSITE OR USING THE SERVICES IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE ORGANIC PARKING PLATFORM, DO NOT INSTALL OR USE THE ORGANIC PARKING PLATFORM IN ANY WAY, AND PROMPTLY DELETE OR DESTROY ANY COPIES OF THE ORGANIC PARKING PLATFORM IN YOUR POSSESSION OR CONTROL.

Terms of Service

These Terms of Service set forth the terms and conditions under which Organic Parking provides you with access to the Organic Parking Platform, the Services and the Organic Parking website located at www.organicparking.com (the “Site”).

Throughout these Terms of Service, the words “We,” “Us,” and “Our” refer to Organic Parking and its corporate affiliates and the words “You” and “Your” refer to the individual using the Organic Parking Platform and/or Services and/or visiting the Site. You must agree with and accept all of the terms and conditions contained in these Terms of Service before You access the Site or the Organic Parking Platform or use any of the Services. By accessing the Site or using the Organic Parking Platform or any of the Services, You become a participant of the Organic Parking Platform and a user of Services (“User”) and You agree to be bound by these Terms of Service and Organic Parking’s Privacy Policy (the “Privacy Policy”) with respect to Your use of the Organic Parking Platform, the Site and the Services.

If You do not agree to be bound by the terms and conditions of these Terms of Service, You may not use or access the Site the Organic Parking Platform or the Services. We may amend these Terms of Service at any time by posting the amended terms on the Organic Parking Platform or the Site.

Services

The Organic Parking Platform provides a means to enable persons seeking a parking spot at a specific destination (a “Seeker”) to exchange information and contact persons already parked in, or having access to, a parking spot in such desired destinations (a “Poster”). The Organic Parking Platform enables a Seeker and a Poster to communicate with and transact with each other.

Organic Parking does not post parking spots, and Organic Parking is not an owner of parking spots. It is up to the Poster to decide, in Poster’s sole discretion, whether or not to offer a parking spot to a Seeker contacted through the Organic Parking Platform, and it is up the Seeker to decide, in Seeker’s sole discretion, whether or not to accept a parking spot from any Poster through the Organic Parking Platform. Organic Parking only provides a platform that facilitates communication and potential transactions between the Poster and the Seeker, and Organic Parking has no responsibility or liability of any kind for any parking spot services voluntarily provided to or by any User by a Poster.

All transactions conducted through the Organic Parking Platform shall be subject to all local laws and ordinances, including but not limited to neighborhood parking restrictions and other parking limitations. Seeker acknowledges that certain parking spots offered by Poster may be subject to certain parking restrictions, including but not limited to residential limitations, and Seeker may only purchase a spot for which Seeker is entitled to park and for which Seeker possesses any requisite permits or applications. Seeker agrees that by purchasing a spot from a Poster that such purchase is subject to all local laws and ordinances and that Seeker shall remain solely responsible for any ticket expenses, meter fares or other fees arising out of or related to Seeker’s use of such parking spot.

Payment Processing

Organic Parking uses Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing. In order for you to use Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (“CEA”) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement (“PSA”) available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at (877) 434-2894.

Offers

As a Poster, You may wish to post a parking spot on the Organic Parking Platform for a suggested amount determined by You at Your sole discretion.

As a Seeker, You may elect to communicate with a Poster through the Organic Parking Platform and to make an offer to purchase Poster’s posted parking spot at a price no less than such Poster’s suggested price (the “Offer”). The decision whether to contact any Poster or purchase any parking spot for a Offer is at Your sole discretion. If You contact Poster to purchase a parking spot and based on Your communication the Poster communicates with You and accepts Your offer, You will use the Organic Parking Platform to confirm the transaction. Upon Your confirmation of the transaction, You will be charged the Offer.

Organic Parking does not receive any fees. However, Braintree charges a fee of 2.9%, plus $0.30, (the “Service Fee”) of each completed transaction between a Seeker and a Poster. If a Seeker gets a spot from a Poster, the Offer is charged immediately upon Seeker’s confirmation of the transaction. The Offer amount is deducted from the Seeker’s account on file, is held by Braintree’s banking partner until disbursement, and is then transferred (less the Service Fee) to the Poster account on file. We provide this information on the Service Fee “as is,” and without warranties of any kind, express or implied, and encourage You to check Braintree’s website periodically for the latest Service Fee.

Organic Parking, at its sole discretion, may make available promotional offers with different features to any of Our Users. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract with a Poster.

Organic Parking has the right to monitor and collect information about each User’s transactions, including but not limited to whether each Seeker or Poster cancels transactions. Each User will receive a “strike” for each cancellation by such User. In addition to Organic Parking’s rights set forth herein, in the event that a User receives three strikes, Organic Parking will provide such User with a warning, and if such User receives a fourth strike, Organic Parking shall have the right to immediately terminate such Seeker or Poster’s access to the Organic Parking Platform, Site and Services. Notwithstanding the foregoing sentence, in the case of cancellations or other User actions that Organic Parking, in its sole and absolute discretion, considers particularly egregious, Organic Parking may, in addition to any other remedies available to Organic Parking herein, immediately terminate a User’s use of the Organic Parking Platform, the Services and/or any other amenities related thereto.

License Grant

Contingent upon Your compliance with these Terms of Service, Organic Parking hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to download and install one copy of the Organic Parking Platform on a single Android or iOS run device that You own or control solely for Your own personal use and, with respect to an iOS device, solely as permitted by the terms applicable to Apple devices as set forth in these Terms of Service (the “Apple Terms”). This license does not allow You to use the Organic Parking Platform on any device that You do not own or control, and You may not distribute or make the Organic Parking Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, post, redistribute or sublicense the Organic Parking Platform. You may not copy (except as expressly permitted by this license and the Apple Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Organic Parking Platform, any updates, or any part thereof. Any attempt to do so is a violation of the rights of Organic Parking and its licensors. The terms of the license will govern any upgrade provided by Organic Parking, in Organic Parking’s sole discretion, that replace and/or supplement the Organic Parking Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

You will be required to provide Us with certain information such as name, vehicle model, make, and color to register an account as a User of the Organic Parking Platform and hereby consent to Us using such information in connection with the Services in accordance with Our Privacy Policy. You shall be the sole authorized user of Your account and You are responsible for maintaining the confidentiality of any password provided by You or Organic Parking for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. Organic Parking has no control over the content or use of any User account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You should contact Organic Parking immediately.

When You use the Organic Parking Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your information to keep it accurate, current and complete at all times while using the Services. You agree that We and other people of the public may rely on the information You provide as accurate, current and complete. You acknowledge that if the information You provide is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate these Terms of Service and Your use of the Services.

In order to use the Organic Parking Platform, Site and/or Services, You hereby grant Us and Our contractors permission to store and use the information provided to Us and to use certain information about Your usage patterns, sessions data and other information about Your usage experience. We will use this information in accordance with Our Privacy Policy. You understand that the technical processing and transmission of the Organic Parking Platform, the Site and the Services, including User Content (as defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, and You accept and agree to these uses. As a result, and also as a result of Our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where You are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, You acknowledge that use of the Organic Parking Platform, Site and/or Services may result in interstate data transmissions. Although We use security measures in connection with the Services, such security measures may not prevent unauthorized viewing of Your User Content and data, and You should not have any expectation of privacy or security regarding Your communications using the Organic Parking Platform, the Services or the Site. Always use caution when transmitting personal information. Additionally, We may add features to the Organic Parking Platform or Services which will become effective automatically. Organic Parking may provide you with the ability to opt-out of such features.

Your User Content

Any User-generated text, information, data, audio files, videos, graphics, photographs, or other content a User submits, provides, publishes, posts or displays to the Organic Parking Platform or Site, sends to other Users or shares in any public message area (including, but not limited to the feedback section) or through any email feature shall be “User Content.” You are solely responsible for Your User Content and Your interactions with other Users.

You hereby grant to Us and other Users, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your User Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or hereinafter discovered. You represent and warrant to Us that Your User Content is posted by You and that You are the sole author of Your User Content and have all necessary rights to grant the foregoing license. You may remove Your User Content from the Organic Parking Platform at any time. Organic Parking does not assert any ownership over Your User Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content.

Each User is, and shall remain, solely responsible for the content its User Content. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or post any User Content. We shall have the right but not the obligation to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or these Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other Users that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.

We do not and cannot verify or guarantee the accuracy of the information Users provide on the Site and/or Organic Parking Platform, including but not limited to the User Content. By using the Organic Parking Platform, You understand and agree that Organic Parking shall in no event be responsible for any User Content or the acts or omissions of Users.

Restrictions

By using the Organic Parking Platform, the Services and/or the Site, You represent and covenant that You will not use the Organic Parking Platform, Site and/or the Services: (i) to transmit files, content, photographs, videos, personal or technical data or any other type of information or data which is false, inaccurate, misleading, defamatory, or libelous; (ii) to transmit any User Content that You have no rights to, or for which transmission by You would constitute infringement of third-party intellectual property rights; (iii) to transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer, data or property, or transmit any other harmful or code technology; (iv) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes; (v) to promote information that You know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (vi) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, bullying, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (vii) to solicit or transmit personally identifying information for commercial or unlawful purposes, (viii) to advertise to, solicit, or post to any person without their prior explicit consent, (ix) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of Users for purposes of sending commercial solicitations, or (x) to use or launch any automated system, including without limitation, “robots,” or “spiders,” that accesses the Organic Parking Platform, Services or Site in a manner that sends more request messages to the Organic Parking servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other Users from such prohibited conduct, Organic Parking reserves the right to restrict, in its sole discretion, communications which a User may send through the Services and/or Site.

We may, at our sole discretion, with immediate effect and without advance notice, restrict or terminate Your access to the Organic Parking Platform, the Services and/or Site, upon Your breach of any of the above representations and covenants.

Termination

You may terminate Your participation in the Services at any time for any reason upon receipt by Us of Your written or email notice of termination. If You decide to terminate your use of the Services, You agree to no longer access or use the Organic Parking Platform, the Site or the Services and You must delete Your copy of the Organic Parking Platform from Your device. Should You choose to re-access the Organic Parking Platform, the Services and/or the Site after Your termination, You will be required to re-register and agree and accept to the Terms of Service then in effect.

You agree that We, in Our sole and absolute discretion, may, without notice to You, suspend or terminate Your account or Your use of, or access to the Services, Site and/or the Organic Parking Platform, and remove and discard any information or content related to such Service or the Organic Parking Platform (or Your use therein), for any or no reason, including but not limited to where We believe that You have violated these Terms of Service. You further agree that We shall not be liable to You or to any other person as a result of any such suspension or termination. Any suspension or termination will not affect Your obligations to Us under these Terms of Service. Upon suspension or termination of Your access to the Site, Services and/or the Organic Parking Platform or upon notice from Us: (i) all rights granted to You under these Terms of Service will cease immediately; ) You will immediately discontinue use of the Organic Parking Platform; and (iii) We will deactivate your account. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason.

Social Media and Networking Sites

In order to access some features of the Organic Parking Platform, Services or Site, You will have to create a registered account with a login and password or access Our Services or Site using a third-party platform that uses such third party’s login and password (e.g., Facebook, Twitter). If You use a third-party platform’s login and password: (i) You will still need to provide us with certain information to create an account; and (ii) You understand that We may share information about You with such third party site and that we may receive information about You from such third party site which We may use in accordance with these Terms of Service.

Representations; Warranties and Other Covenants

You hereby represent, warrant and agree that: (i) You have the right, authority and capacity to enter into these Terms of Service and to abide by the terms and conditions herein; (ii) You are at least 18 years of age; (iii) You are authorized to operate a motor vehicle and have all appropriate licenses, approvals and authority in all jurisdictions in which You use the Services; (iv) You will apprise Yourself of, and comply with, all applicable laws and regulations, including without limitation those relating to driving and mobile device use, and parking regulations; and (v) You will use the Organic Parking Platform courteously and with respect for fellow drivers, and will refrain from using the Organic Parking Platform in any manner that creates any nuisance or otherwise brings disrepute upon the Organic Parking Platform(vi) You agree that once You initiate a transaction, either as a Poster or as a Seeker, that You will complete the relevant transaction.

Proprietary Rights

We own and shall retain all right, title and interest in, including all related intellectual property rights, to the Organic Parking Platform, Services and Site. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All trademarks, logos, service marks, company or product names set forth in the Organic Parking Platform or Site are the property of their respective owners. We retain all nights not expressly granted to You hereunder.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Organic Parking Platform, Site or the Services (“Submissions”) provided by You to Us are non-confidential and shall be the sole property of Organic Parking. Organic Parking shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

Organic Parking E-mail and Text Communications

E-mail communications and text messages sent to You from or through Organic Parking are designed to make Your Organic Parking experience more efficient. By becoming a User, You expressly agree to accept and consent to receiving e-mail communications and text messages initiated from or through Organic Parking, which include, without limitation, message notifications with information about potential products, services or features available to Users. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send.

Copyright Complaints and Copyright Agent

If You are a copyright owner or an agent thereof and believe that any User Content infringes upon Your copyright, You may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing Our copyright agent at: Organic Parking, Inc., 288 Norfolk Street, 5th Floor, Cambridge, MA, 02139 (“Copyright Agent”), with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at Our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) Your address, telephone number, and e-mail address; (v) a written statement that You have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Organic Parking at contact@organicparking.com. You acknowledge that if You fail to comply with all of the notice requirements of the DMCA, Your notice may not be valid.

If You believe that any of Your User Content that was removed is not infringing, or that You have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in Your User Content, You may send a counter notification containing the following information to the Copyright Agent: (i) Your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and Your name, address, telephone number, and e-mail address, along with a statement that You consent to the jurisdiction of the federal court in the Commonwealth of Massachusetts and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, Organic Parking shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or User posting such material. If no such infringement action is filed within such ten (10) business days, Organic Parking may, in its sole discretion, reinstate the removed material or cease disabling such material.

In accordance with the DMCA and other applicable law, Organic Parking shall, in appropriate circumstances, terminate access, at Organic Parking’s sole discretion, of any User that Organic Parking finds to be a repeat infringer of others copyrights. Organic Parking may also, in its sole discretion, limit or fully terminate access to the Site of any User infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

Indemnity

YOU WILL DEFEND, INDEMNIFY, AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ANY THIRD PARTIES HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF YOUR USE OF THE ORGANIC PARKING PLATFORM, SITE AND/OR SERVICES.

Online Content Disclaimer and Third Party Sites

Opinions, advice, statements, offers, or other information or content made available through the Organic Parking Platform, Site or Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site and/or Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Site and/or Services.

DISCLAIMER OF WARRANTIES; OTHER DISCLAIMERS

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE THE ORGANIC PARKING PLATFORM AND THE SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE ORGANIC PARKING PLATFORM, THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ORGANIC PARKING, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ORGANIC PARKING PLATFORM, SERVICES AND SITE AND YOUR USE THEREOF AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY USER CONTENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF THE SITE CONTENT OR USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR OF THE ORGANIC PARKING PLATFORM, SERVICES, SITE OR USER CONTENT; (III) UNAUTHORIZED ACCESS TO OR USE OF THE ORGANIC PARKING PLATFORM AND/OR ANY AND ALL PERSONAL, TECHNICAL, FINANCIAL OR OTHER INFORMATION STORED THEREIN, INCLUDING BUT NOT LIMITED TO YOUR USER CONTENT; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OR RELATED TO SITE OR OUR SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE ORGANIC PARKING PLATFORM, SERVICES OR SITE BY ANY THIRD PARTY; AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT INCLUDING USER CONTENT MADE AVAILABLE VIA THE ORGANIC PARKING PLATFORM, SERVICES OR SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE ORGANIC PARKING PLATFORM, SERVICES, SITE OR ANY HYPERLINKED WEBSITE. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF THE ORGANIC PARKING PLATFORM, SITE AND/OR THE SERVICES AND DO NOT WARRANT THAT YOUR USE OF THE ORGANIC PARKING PLATFORM, SITE AND/OR SERVICES WILL BE RELIABLE OR CURRENT OR THAT THE ORGANIC PARKING PLATFORM, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”).

Please carefully select the type of information that You post on the Organic Parking Platform, Site or through the Services or release to Users. Organic Parking only offers a venue that enables Posters and Seekers to match with each other. We are not involved in the provision of an actual physical parking spot by Posters to Seekers. As a result, We have no control over the quality or safety of the parking spot that is provided as a result of the Service; nor do We have any control over the truth or accuracy of the of Users’ information listed on the Organic Parking Platform. We cannot ensure that a Poster or Seeker is who he or she claims to be or that a Poster or Seeker will actually complete an arranged service.

Limitation of Liability

IN NO EVENT SHALL ORGANIC PARKING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE ORGANIC PARKING PLATFORM, SERVICES, SITE CONTENT OR USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ORGANIC PARKING PLATFORM, SERVICES, SITE OR USER CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, TECHNICAL OR OTHER INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ORGANIC PARKING PLATFORM, SERVICES OR SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE ORGANIC PARKING PLATFORM, SERVICES OR SITE BY ANY THIRD PARTY; OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT WITHIN THE ORGANIC PARKING PLATFORM, SERVICES OR SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE ORGANIC PARKING PLATFORM, SERVICES OR SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT ORGANIC PARKING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

You specifically acknowledge that Organic Parking shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.

Release

You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users or to intervene in or be involved in any way in disputes that may arise between You and other Users or third parties. In the event that You have a dispute with one or more Users, You agree to, and hereby do, release Organic Parking (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Organic Parking Platform or the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” AND/OR ANY AND ALL SIMILAR, COMPARABLE, OR EQUIVALENT PROVISIONS, STATUTES, CODES, REGULATIONS OR RULES.

Privacy

The terms and conditions of Organic Parking’s Privacy Policy, which is available at http://www.organicparking.com/privacyPolicy.html apply to Your use of the Organic Parking Platform, Services and Site, form an integral part of Your agreement with Us, and are incorporated by reference into these Terms of Service. You should read the Privacy Policy carefully before You use the Organic Parking Platform because by using the Organic Parking Platform, Services or Site You will be agreeing to everything in these Terms of Service, including the terms contained in Our Privacy Policy.

No Agency

You and Organic Parking are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.

Terms Applicable for Apple iOS

If You are accessing or using the Services through an Apple device, the following additional terms and conditions are applicable to You and are incorporated into the Terms of Service by this reference:

  • (i) To the extent that You are accessing the Services through an Apple Device, You acknowledge that these Terms of Service are entered into between You and Organic Parking and, that Apple, Inc. (“Apple”) is not a party to these Terms or Services other than as third-party beneficiary as contemplated below.
  • (ii) The license granted to You in these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
  • (iii) You acknowledge that Organic Parking, and not Apple, is responsible for providing the Organic Parking Platform, Site and Services.
  • (iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to the Services.
  • (v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
  • (vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, You acknowledge that, solely as between Apple and Organic Parking, Organic Parking, and not Apple is responsible for addressing any claims You may have relating to the Services, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Services fail to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • (vii) Further, You agree that if the Services, or Your possession and use of the Services, infringes on a third party's intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  • (viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon Your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against You as a third-party beneficiary thereof.
  • (ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.

General

These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts without regard to choice of law principles. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Organic Parking without restriction. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These Terms of Service, including the Privacy Policy, sets forth the entire understanding and agreement between the User and Organic Parking with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of these Terms of Service. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions, as other business documents and records originally generated and maintained in printed forms.