Limitations on Liability; Dispute Resolution; Indemnification and Release
(Last Updated Date: December 1, 2023)
Street Parking, Inc., together with its affiliates (hereafter “STREET PARKING”, “our,” “we,” or “us”) have adopted certain rules and policies (“Rules and Policies”) that apply to our websites, mobile applications, social media sites and physical locations and premises (collectively, our “Platform”). We also have Rules and Policies that govern the distribution and sale of our products and services (see “General Terms and Conditions”).
By visiting and using the Platform, you consent to and agree to abide by all of our Rules and Policies, which include but are not limited to the following documents, which are incorporated by reference herein for all purposes:
- General Terms and Conditions (last revised December 1, 2023)
- Product Warranty (last revised December 1, 2023)
- Limitations on Liability; Dispute Resolution; Indemnification and Release (last revised December 1, 2023)
Compliance with other Rules and Policies. You acknowledge that you have read and agree to the terms of our other Rules and Policies. We may change any of our Rules and Policies at any time. If we make material changes, we will notify you either by posting the changed rules and policies on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of the affected Rules and Policies. If we let you know of changes through an email communication, then the date on which the email is sent shall be the deemed to be the date of your receipt of that email.
It’s important that you review all changes to any Rules and Policies. If you do not wish to agree to any changes to the Rules and Policies, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate any STREET PARKING account(s) you may have by providing us with your notice of termination (see Contact Us). Your continued use of the Platform after such changes are posted will constitute your agreement to such amended Rules and Policies.
Disclaimer and Release
Street Parking is a program promoting fitness through physical activity and nutrition. There is an inherent risk of injury or illness, up to and including death, from participation in any physical exercise, sport, wellness, recreational activity, diet, or nutritional program. Street Parking’s program has not been approved by any medical or nutrition professional. Members are strongly encouraged to consult with a physician and/or nutritionist before undertaking Street Parking’s program. Participation in all aspects of Street Parking’s program is voluntary in all respects.
By using the Platform, you acknowledge and agree to the following:
- You hereby fully release and discharge Street Parking, its owners, agents, management, and employees (collectively the “Released Parties”) from any and all liability, claims, and causes of action from injuries or illness (including death), damages or loss which you may have on account of participation in any aspect of the Street Parking program. This is a complete and irrevocable release and waiver of liability. Specifically and without limitation, you agree to release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence.
- You covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.
- You further agree to indemnify and hold harmless and defend the Released Parties from any and all claims resulting from injuries or illness (including death), damages of loss, including, but not limited to, attorneys’ fees, sustained by You arising out of, connected with, or in any way associated with Street Parking.
- You have been advised by Street Parking to consult with a physician before undertaking any physical activity or nutrition program associated with Street parking.
- You certify that you are in good health and sufficient physical condition to properly participate in the Street Parking program.
- You expressly agree to submit to jurisdiction in Washington regarding this Release Agreement and your participation in the Street Parking program and that this release is intended to be as broad and inclusive as permitted under Washington law and that if a portion is held invalid, the remaining shall remain in full force and effect.
- You agree that this Release Agreement is binding upon you, your heirs, and anyone else entitled to action on your behalf.
Disclaimer of Warranties and Limitation of Liability
In addition to the following, Street Parking has a separate limited warranty for its Products and services (see Product Warranty).
DISCLAIMER OF WARRANTIES.YOU AGREE THAT USE OF THE PLATFORM AND SERVICES ON THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY PRODUCTS AND SERVICES OR SERVICES ON THE PLATFORM OTHER THAN AS SET FORTH HEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE PLATFORM.
LIMITATION OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREET PARKING, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE PLATFORM, SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE PLATFORM, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE PLATFORM (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE PLATFORM OR ANY OF OUR PRODUCTS AND SERVICES OR SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID FOR ANY PRODUCT OR SERVICE GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
Indemnification. You shall indemnify, defend and hold STREET PARKING harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by STREET PARKING in connection with any claims arising out of, based upon or resulting from your participation and use of the Platform in any manner whatsoever, whether by you or by a third party using your log-in. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Indemnification and Release for Meetups and other Activities. In the event that you organize, host, conduct or arrange to participate in a “meetup” or other activity that utilizes, or is based on, any of Street Parking’s program, products and services (an “Activity”), you agree to indemnify, defend and hold STREET PARKING harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by STREET PARKING in connection with any claims arising out of, based upon or resulting from such Activity. Additionally, you further agree to fully release and hold harmless from all liability and promise not to sue Street Parking and their respective employees, officers, directors, volunteers and agents (collectively “Released Parties”) including claims of Released Parties’ negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss that you or any participant may suffer because of your or their participation in any such Activity, including but not limited to travel to and from such Activity. You further agree to use to obtain an activity release from each participant prior to participation in any Activity in substantially the form of our standard form of Release Agreement.
Questions and Comments. If you’d like to provide feedback to us about any of our Rules or Policies, or if you have any questions, please contact us at the address of our headquarters provided below:
Street Parking, Inc.
18405 SE Mill Plain Blvd, Suite 150
Vancouver, WA 98683
© 2023 Street Parking, Inc.. All rights reserved. The products and services may be protected by U.S. patents, with other patents pending in the USA and elsewhere. “STREET PARKING” and other marks indicated on our Platform and the logo forms of the foregoing marks are trademarks and/or service marks of Street Parking, Inc. and may be registered in the United States or in other jurisdictions including internationally.