1. Acceptance of Terms
The Site is made available by us subject to this Agreement. We reserve the right to change this Agreement without prior notice. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. We reserve the right at any time to modify or discontinue the Site, with or without notice. Your continued use of the Site after such changes will indicate your acceptance of such changes. You agree that we shall not be liable to you or to any third party for any modification or discontinuance of the Site, in whole or in part, or of any content, feature or product offered through the Site.
The Site may provide links to third-party websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that we and our respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external sites or resources, and we and our respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. You acknowledge and agree that we and our respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. You agree that your use of third party websites and resources, including, without limitation, your use of any content, information, data, advertising products or other materials available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources. We shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
3. Disclaimer and Limitation of Liability
The Site and any content or services made available through or in connection with the Site are provided to you “AS IS” with no representations or warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and bear all risks associated with any reliance on, the accuracy, completeness and/or usefulness of any materials available through the Site. We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Site, nor for any damages for loss of profits, loss or interruption of business, lose or use, loss of data, or loss of other intangibles. Your sole and exclusive remedy for dissatisfaction with the Site will be to stop using the Site. You are solely responsible for driving and parking safely and carefully, and in compliance with all applicable laws. The use of our Parking Hero application while driving or parking may cause a distraction, and may be prohibited under applicable law. You agree to use our Parking Hero application in a safe manner that complies with all applicable laws; we are neither responsible nor liable for uses of the application that are unsafe or not in compliance with applicable laws. If necessary, please pull over in a safe and legal manner when using Parking Hero, and remain aware of your surroundings at all times. Your use of this application is at your sole risk. Location data may not be accurate.
4. Our Proprietary Rights
Indemnity. We and our respective licensors and suppliers own the Site and the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Site, you may view one copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. Our trade names, trademarks and service marks include, without limitation, “YazamTec”, “Parking Hero” and any associated trade names, trademarks, service marks and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.
5. Governing Law; Jurisdiction
Termination. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your installation or use of the Site) is governed by and shall be construed in accordance with the laws of the Netherlands, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in The Hague, Netherlands, and waive any jurisdictional, venue or inconvenient forum objections thereto. We may, at any time and for any reason, terminate your access to or use of the Site.