Park Street Imports, LLC – Website Terms of Use
Last Revised on November 10, 2013
Please read the following Terms and Conditions carefully.
Park Street Imports, LLC, including its subsidiaries and affiliates (“Park Street”), requires that all visitors to any website owned, operated, licensed, and controlled by Park Street, including without limitation the Park Street Navigator (individually, a “Park Street Site” and collectively, the “Park Street Sites”) adhere to the following Terms of Use. By accessing and using any Park Street Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use any Park Street Site. The term “you” or “your” refers to the user or viewer of any Park Street Site. Park Street may change, suspend or discontinue any aspect of the Park Street Sites at any time, including the availability of any feature, database or content. Park Street may also impose limits on certain features and services and/or restrict your access to parts or all of the Park Street Sites without notice or liability of any kind. The terms and conditions of a Park Street client’s service agreement for any portion of a Park Street Site will control in the event of any provisions that may conflict with these Terms of Use.
RESTRICTIONS ON USE
All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Park Street Sites (the “Contents”) are copyrighted and owned or controlled by Park Street unless otherwise noted. Any unauthorized use of the Contents on the Park Street Sites may violate copyright, trademark and other laws and intellectual property rights of Park Street or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Park Street Sites may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Park Street. The Contents on the Park Street Sites are provided for lawful purposes only.
DIGITAL MILLENNIUM COPYRIGHT ACT
Park Street complies with and avails itself of the protections under the Act Digital Millennium Copyright Act (the “Act”). Park Street reserves the right to remove any Contents contained in or posted to the Park Street Sites that allegedly infringes another person’s copyright. Notices to Park Street regarding any alleged copyright infringement on the Park Street Sites should be directed to Park Street’s Executive Office, at 1000 Brickell Ave, Suite 915, Miami, FL, U.S.A, tel. +1 305 967 7440, info@parkstreet.com.
PRIVACY POLICY
Park Street believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Park Street Sites, and to understand our practices: http://navigator.parkstreet.com/privacy.php.
RESTRICTION OF LIABILITY
PARK STREET WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS, DATA, INFORMATION, OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. PARK STREET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, DATA, OR INFORMATION IN OR SOFTWARE AVAILABLE THROUGH THE PARK STREET SITES, EVEN IF THERE IS NEGLIGENCE OR EVEN IF PARK STREET OR AN AUTHORIZED PARK STREET REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF, DESPITE THE LIMITATION ABOVE, PARK STREET IS FOUND LIABLE FOR ANY LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRAT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE), WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY OF THE OCCURENCES DESCRIBED ABOVE, THEN THE TOTAL LIABILITY OF PARK STREET WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT YOU PAID TO ACCESS THE PARK STREET SITES OR (B) ONE-HUNDRED DOLLARS (US$100.00).
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE INURE TO THE BENEFIT OF PARK STREET.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to Park Street through any Park Street Site (together, the “Submission”) will, upon communication, give Park Street the right to use the Submissions. Park Street will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Park Street operations or Contents. Except as noted below in this paragraph, Park Street will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold Park Street harmless for any liability arising due to the use or distribution of those materials. You further grant Park Street the right to use your name in connection with the reproduction or distribution of such material.
Personally identifiable information that may be received at any Park Street Site is provided voluntarily by a visitor to a Park Street Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Park Street, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from the Park Street Sites any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, Park Street reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
LIABILITY DISCLAIMER
The Contents on the Park Street Sites could include technical inaccuracies, typographical errors, programmatic errors, and human errors. Also, Park Street may make changes or improvements to any Park Street Site and the Contents at any time. THE CONTENTS ON THE PARK STREET SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PARK STREET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. PARK STREET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PARK STREET SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARK STREET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE PARK STREET SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PARK STREET MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE PARK STREET SITES. YOU (AND NOT PARK STREET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, INFORMATION ON THE PARK STREET SITES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. PARK STREET SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON ANY PARK STREET SITE.
ANY REFERENCE TO PARK STREET OR THE INFORMATION CONTAINED ON ANY PARK STREET SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.
INDEMNIFICATION
You agree to defend and indemnify the Park Street and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of these Terms of Use or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of any Park Street Site.
SOFTWARE AVAILABLE ON PARK STREET SITES
Any software that is made available to download from any Park Street Site (“Software”) or through your mobile application store, including the Park Street mobile application (the “Mobile Application”) is the copyrighted work of Park Street or our respective suppliers. Your use of such Software and Mobile Applications is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software and/or Mobile Application (“License Agreement”). You may not install or use any Software or Mobile Application that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software or Mobile Application made available for download on a Park Street Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using a Park Street Site and/or accessing the content and information available within the Mobile in accordance with these Terms of Use and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on any Park Street Site, is owned by Park Street and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Contents you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.
TERMINATION
Park Street or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Park Street Sites and all related documentation and all copies and installations. Park Street may terminate this agreement immediately without notice at any time in its sole discretion. Upon termination, you must destroy all materials obtained from the Park Street Sites and all related documentation and all copies and installations. You may not access the Park Street Sites after termination of this agreement without the written approval of Park Street, provided, however, that Park Street shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.
LINKED SITES
The Park Street Sites include links to other sites which are not maintained by Park Street and information on other companies that are not affiliated with or operated by Park Street. Park Street is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. Similarly, Park Street is not responsible for the operation of such other companies and makes no representations whatsoever concerning such other companies, their operations, or their services. The inclusion of any link to any such site or company does not imply endorsement by Park Street of the sites or any products or services referred to therein. Park Street may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Park Street Sites. If you decide to access any third party site linked to a Park Street Site, you do so entirely at your own risk and Park Street shall have no liability for any loss or damage arising from your use of any such site or company.
LINKING AND LOGO POLICY
By linking to any page on any Park Street Site, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, Park Street prohibits site caching, the use or posting of unauthorized hypertext links to any Park Street Site and the framing of any Contents available through any Park Street Site, including without limitation the Park Street Navigator. You may link to a Park Street Site only via Park Street’s home page (www.parkstreet.com), unless otherwise specifically agreed upon in writing by Park Street. Links can be by text only and may only read “Park Street.” Images of the Park Street logo can only be used for link purposes and can only be made with the express written permission of Park Street. Any requests for such permission or for permission to link to a Park Street Site in a manner other than as permitted in the preceding paragraph should be addressed to Park Street’s Executive Office, at 1000 Brickell Ave, Suite 915, Miami, FL, U.S.A, tel. +1 305 967 7440, info@parkstreetimportsllc.com. By linking to any Park Street Site, you acknowledge and agree that, other than as set forth herein, all rights to the Park Street trademarks or service marks used on any Park Street Site, the Contents appearing on any other Park Street Site, and the design of any other Park Street Site belong to Park Street. You must not misrepresent your relationship with Park Street or present false or misleading impressions about Park Street. No links to any Park Street Site may be used in a manner that implies or suggests that Park Street approves or endorses you, your website or your goods and services (in all cases, except as Park Street may have agreed separately with you in writing). Park Street shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Park Street against all claims against Park Street arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Park Street reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to any Park Street Site from your website. This is not a license, but subject to your compliance with the above terms, Park Street agrees to grant you the use of the “Park Street” name solely for the purpose of establishing a link to a Park Street Site as permitted hereunder. Except for the limited permission to use the “Park Street” name as set forth in this paragraph, you may not use any of Park Street’s trademarks or service marks for any other purpose without the express written permission of Park Street. Park Street may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “Park Street” name and your right to link to any pages on any Park Street Site. In such event upon request, you agree to immediately remove all links to any Park Street Site and to cease using the “Park Street” name for linking purposes. Thereafter, any future links to any Park Street Site will require the express written permission of Park Street. Park Street reserves the right to amend these linking terms and conditions at any time. By continuing to link to a Park Street Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Park Street Sites, as amended from time to time.
MISCELLANEOUS
Park Street may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of any Park Street Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Florida and the United States of America, notwithstanding any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, USA, in all disputes arising out of or relating to the use of the Park Street Sites. Use of any Park Street Site is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, without limitation, this paragraph. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of any Park Street Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Park Street Sites.
You agree that no joint venture, partnership, or employment relationship exists between you and the Park Street as a result of this agreement or use of the Park Street Sites.
Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Park Street Sites or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Park Street Sites within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Park Street with respect to the Park Street Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Park Street with respect to the Park Street Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.