TERMS AND CONDITIONS FOR USERS OF THE MOBILENOW! MOBILE PARKING SYSTEM
Welcome to the MobileNOW! Mobile Parking System website! Before you start, please read all of the terms and conditions described below. These terms and conditions will govern the usage of our website and services and contains legal disclosures and information that may be of importance to you. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED BELOW, IMMEDIATELY STOP ALL USAGE OF OUR WEBSITE AND SERVICES.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:
MobileNOW! LLC (“MobileNOW!”, “us”, or “we”) owns and operates this Website. These Terms and Conditions shall govern your relationship with MobileNOW! LLC. Access to and use of this website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by MobileNOW! from time to time. You should check this page regularly to take notice of any changes made to the Terms of Service.
Access to this website, consisting of www.mobile-now.com and www.mobile-now.us (the “Site”) is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This site may contain links to other websites (the “Linked Sites”), which are not operated by MobileNOW!. MobileNOW! has no control over Linked Sites and accepts no responsibility for them or for any loss or damages that may arise from your use of them. Your use of Linked Sites will be subject to the terms and use of service contained within each such site.
- By using the Site and any of services offered by MobileNOW! (“MobileNOW! Service”), you (“you” or “User”) hereby agree that:
- You are an individual person at least eighteen (18) years of age;
- You posses the legal authority to create and/or enter into a legal binding obligation;
- Your use of this Site and MobileNOW! Services comply with the terms and conditions of this Agreement in addition to any obligations that we have posted on our website;
- Any and all information submitted by you to MobileNOW! is only about yourself and all such information is true, accurate, and complete.
2. Scope of this Agreement
This Agreement is made between you and MobileNOW! and applies to the use of our Site including any MobileNOW! Service within the United States of America (“USA”) and Canada offered through our Site. MobileNOW! hereby agrees to provide you with mobile parking and other related services including any notifications, reminders, confirmations, or customer service as outlined in this Terms and Conditions Agreement. You also hereby agree to perform all of the obligations as required by this Agreement as a condition to use of our Site any services offered by MobileNow.
3. Ownership of Site
You hereby acknowledge and agree that MobileNOW! is the sole owner of the Site including all proprietary information found on the site. For purposes of this Agreement, proprietary information includes but is not limited to software programs and subroutines, source and object code, algorithms, trade secrets, design, technology, know-how, processes, data, ideas, techniques, inventions, concepts, business and product development plans, customer lists, modifications, improvements, or derivative works thereof and all works of authorship, created, and invented either by us or any third party either solely or jointly with others (collectively “Proprietary Information”). You further agree to not to modify, copy, distribute, transmit, sell, or re-sell any such Proprietary Information obtained from or through our Site.
4. User Conduct and Compliance
This Site is owned entirely by MobileNOW! and all uses of this Site must be in accordance with this Agreement and compliant with the law. In the event MobileNOW! determines, in its sole discretion, that your conduct has violated this Terms and Conditions Agreement or has been unlawful in any way, MobileNOW! shall have the right to limit and/or revoke your privilege to the Site and Services including seeking all available legal and equitable remedies against you. As such, you hereby agree that YOU WILL NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES:
- Purposefully submitting inaccurate or erroneous information, or committing fraud or falsifying information in connection with registering one or multiple accounts with MobileNOW!;
- Accessing or attempting to access data or an account that you do not have proper authorization for;
- Scanning, testing, configuring, or any attempt to scan, test, or configure any part of the Site or breaching the security of the Site;
- Tampering or interfering, or any attempt to tamper or interfere, with the proper functioning of any part, page, or area of the Site and any and all MobileNOW! Services or MobileNOW! System;
- Interfering or attempting to interfere with MobileNOW! services in any manner, including without limitation, by means of submitting or an attempting to submit viruses to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Site, or any attempt thereof;
- Reselling or repurposing or any attempt to resell or repurpose your access to the Site or any purchases made through the Site;
- Accessing, monitoring or copying or any attempt to access, monitor, or copy any content or information from this Site using any robot, spider, scraper or other automated means without the express written permission of MobileNOW!;
- Hyperlinking or any attempt to hyperlink to the Site from any other website without the express written consent of MobileNOW!.
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site or any attempt thereof;
- Taking any action or attempt to take any action that places excessive demand on MobileNOW! Services or on the MobileNOW! System, or imposes or may impose an unreasonable or disproportionately large load on MobileNOW!’s servers or other portion of MobileNOW! infrastructure as solely determined by MobileNOW!.
- Engaging or any attempt to engage in illegal, malicious, or detrimental behavior to the reputation, business interests, or goodwill of MobileNOW!, the MobileNOW! System, or any MobileNOW! Service.
You are responsible for the continued compliance with the terms contained in this Terms and Conditions Agreement regardless of whether you continue or cease use of MobileNOW! Services.
5. Observance of Local Traffic Laws, Rules, Regulations, and Ordinances
You acknowledge and understand that MobileNOW! is not the proper governing body of traffic or parking laws, rules, regulations, or local ordinances. You further agree that the use of MobileNOW! Services or the MobileNOW! System does not guarantee a parking space and that you are responsible for locating a permissible parking spot in addition to obeying and complying with all applicable local parking and traffic laws, rules, regulations, and ordinances. In addition, any changes made to parking rates are subject to the determination of the local jurisdiction and is out of MobileNOW!’s control. Though MobileNOW! may provide information on parking rates on the Site, you agree that you are ultimately responsible for determining whether any changes have been made to the parking rates. Further information may be provided by logging onto the local jurisdiction’s website or contacting your local authorities.
You are responsible for all tickets, fines, and/or citations issued by the relevant parking and traffic authorities. MobileNOW! does not issue tickets and does not have any authority to dispute or enforce any parking or traffic violations. Furthermore, MobileNOW! may give all relevant information to local authorities if the local authorities have reason to believe that you have violated any local traffic law, rules, regulations, or ordinances. In the event you fail to pay any amounts owed to MobileNOW! for any MobileNOW! Services, MobileNOW! may provide all relevant information to the local authorities, upon reasonable request, including all or a portion of your personal information in which you hereby acknowledge and agree that such local authorities may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the preceding sentence, in no event shall MobileNOW! provide all or a portion of your credit card data to relevant authorities in connection with collection matters. In the unlikely instance that you are unable to receive confirmation from the MobileNOW! app that a parking session has begun, it is the users responsibility to utilize another form of payment method to avoid a citation or fine.
6. MobileNOW! Mobile Payment Services
The MobileNOW! mobile parking and digital permitting system is a system (the “MobileNOW! System”) in which a User can pay for parking and other services via a mobile phone or other digital means. The MobileNOW! System is easily accessible via several methods including interactive voice response, short message service (SMS), the internet, or through smart-phone apps. Further instructions on how to use such methods can be found on our websites at www.mobile-now.com/ and www.mobile-now.us.
For each parking session, MobileNOW! may send you notifications, reminders, and confirmations at no extra cost to you. These notifications, reminders, and/or confirmations can be interactive voice responses, SMS messages, email, or mobile push notifications (collectively “Notifications and Reminders”) to indicate any of the following:
- Confirmation of start of parking session
- Reminder of ongoing parking session;
- A warning ten prior to the expiration of the session;
- Confirmation of expiration (termination) of parking session
Though MobileNOW! uses reasonable efforts to ensure that you receive sufficient Notifications and Reminders, you acknowledge and understand that there are instances in which services may be interrupted or suspended for circumstances both within and outside of MobileNOW!’s control. As such, the accuracy and timing of Notifications and Reminders are not 100% guaranteed. MobileNOW! assumes no liability or responsibility for any costs, expenses, or damages that you incur as a result of any interruption, suspension, or cancellation of MobileNOW! services. By using MobileNOW! Services, you hereby agree to the following:
- You are responsible for all fees associated with maintaining an account with your mobile carrier and/or internet provider;
- You are responsible for rectifying all errors, inconsistencies, and disputes with your mobile carrier and/or internet provider;
- You are responsible for all costs, expenses, or damages that are incurred as a result of any delays in receiving Notifications and Reminders for MobileNOW! services arising from technical issues related to your mobile carrier and/or internet provider, your subscription, you device and its settings, or a combination of any of the above.
- You are responsible for all costs, expenses, or damages that are incurred as a result of any interruption, suspension, or cancellation of MobileNOW! services arising from or related to your failure to maintain or manage your account with your mobile carrier and/or internet provider.
Alternatively, you may choose to opt-out of any Notifications and Reminders that MobileNOW! sends to you as a part of the MobileNOW! Service. To opt-out of SMS, simply log onto your account and choose the opt-out function on your account to discontinue any future Notifications and Reminders. Lastly, you may contact us at (866) 951-7275 if you are experiencing any problems with opting-out or have any additional comments or concerns.
7. Registering an Account with MobileNOW!
By registering an account with MobileNOW!, you may only create and hold one (1) account in which you are solely responsible for managing. You are responsible for safeguarding your username and password although MobileNOW! may reset your username and password upon the submission of certain confidential information. It is your responsibility to ensure that all of your information is correct and up to date. Additionally, it shall be your responsibility to correctly enter your location and license plate number, where requested. Your MobileNOW! account is non-transferrable and you are prohibited from selling, combining, or otherwise sharing your account with a non-MobileNOW! user. You hereby understand and agree that if MobileNOW! determines that you have violated any of the limitations set forth in this Section 6 or in this Agreement, your account will be suspended and/or terminated and any remaining funds will be refunded to you. Furthermore, if you commit fraud or falsify information in connection with the usage of MobileNOW! Services or the MobileNOW! System, MobileNOW! reserves the right to a) terminate your account immediately, b) notify your mobile and/or internet provider of such behavior, and c) pursue all legal and equitable relief through relevant local and national authorities.
Certain MobileNOW! locations require use of a pre-paid wallet. Accordingly, when using the MobileNOW! service for the first time in such a location, your pre-registered payment source with MobileNOW! will be charged $20 to cover future fees, unless you have selected a different amount yourself. For corporate accounts the minimum replenishment amount is $25. If your expected session and service cost exceed account balance your account will be automatically replenished by the same pre-paid amount or the expected cost of session or service whichever greater to ensure the seamless use of service. Thus, for automatic replenishment, your date of replenishment will vary depending on usage.
In the event that you are entitled to a refund, MobileNOW! will issue such refund to your original payment source, if possible, or alternatively by paper check. Refunds will be processed within 5 business days of your request. A service fee of up to $5.00 will be charged for refunds issued.
Notwithstanding the foregoing, MobileNOW! places a high level of respect on the privacy and the sensitive nature of our User’s personal information. Unless otherwise required by law, this Agreement, or our Privacy Statement, MobileNOW! shall not disclose or publish any of the personal data submitted through the MobileNOW! System. For further information, a full copy of our Privacy Statement can be found at http://www.mobile-now.com/privacy-statement/.
8. MobileNOW! Help Desk
If you are experiencing any problems or have any difficulty with any MobileNOW! Service or the MobileNOW! System, you may contact our help desk at [email protected] or by calling (866) 951-7275.
9. Intellectual Property and Limited License
You hereby acknowledge and agree that MobileNOW! is the owner of all Proprietary Information found on this Site including all intellectual property. For purposes of this Agreement, intellectual property shall include but not be limited to all rights and interests to trademarks, logos, designs, copyright, and goodwill directly or indirectly related to MobileNOW!, the MobileNOW! System, and all MobileNOW! Services (collectively, “Intellectual Property”). In using our Site, the MobileNOW! System, and any MobileNOW! Service, MobileNOW! grants you a non-exclusive, non-transferable limited license to access and use our Site, the MobileNOW! System, and any MobileNOW! Service. In the event MobileNOW! determines, in its sole discretion, that you have infringed upon any Intellectual Property, MobileNOW! shall have the right to seek any and all legal and equitable relief including but not limited to all costs, expenses, losses, judgments and attorneys’ fees from you.
10. Third Party Websites
This Site may contain links to websites maintained by MobileNOW! or by third parties and are provided solely as a convenience to you. If a link is provided on our Site it does not mean that MobileNOW! endorses or has an opinion either directly or indirectly about the contents on such linked website. MobileNOW! expressly disclaims any representations regarding the contents, accuracy of such contents, or any endorsements of such websites. Any usage of such third party websites shall be at your own risk.
Some of the features of MobileNOW!’s service may be supported by advertising revenue and may display advertisements and promotions. You may opt-in to providing location data through your mobile device so that MobileNOW! can provide you with more relevant advertising based on your location. If you opt-in to providing location data, you consent to the collection, use, sharing, and onward transfer of your location data. Your location data will not contain, and MobileNOW! will not disclose, any of your personal information (defined as information that, either alone or in combination with other data, identifies you such as your name, address, license plate number, account passwords and pass codes, driver’s license and/or government issued identification number). You may opt-out of location data sharing at any time.
12. Modification of this Agreement
MobileNOW! reserves the right to modify or eliminate any portion of this Agreement as MobileNOW! deems necessary or desirable. In the event MobileNOW! makes any changes that materially affect your use of our Site, any MobileNOW! Service, or the MobileNOW! System, we will send such notice via e-mail to the e-mail address that you have registered with MobileNOW! and post such changes to our website. The changes will be effective upon the date the e-mail was sent or the date in which changes were posted on our Site, whichever is earlier. You should revisit our Site from time to time to determine whether any changes have been made to this Agreement, our Privacy Statement, or any other relevant information.
MobileNOW! reserves the right to terminate this Agreement at any time. Without limiting the foregoing, MobileNOW! shall have the right to deny, limit, interrupt, suspend, or terminate your right to access your account or use the Site, the MobileNOW! System, or any MobileNOW! Service, if MobileNOW! determines that such usage is illegal, malicious, and detrimental to the reputation, business interests, or goodwill of MobileNOW!.
14. No Representations or Warranties
You hereby acknowledge and agree that the use of our Site, any MobileNOW! Service, and the MobileNOW! System is solely at your own risk. Unless otherwise provided, use of the MobileNOW! Site and the MobileNOW! System including any and all MobileNOW! Services are provided to you on an “AS IS” basis. Neither MobileNOW! nor its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, or representatives make any express or implied warranties, conditions or representations that use of the Site, MobileNOW! Services, and the MobileNOW! System will be uninterrupted or error free; nor do they make any express or implied warranties, conditions, or representations as to (i) the results that may be obtained from use of this Site, or (ii) the accuracy, completeness, reliability, or content of any information, services, or products provided through this Site. MobileNOW! hereby disclaims any and all representations, warranties, conditions, whether express or implied, as to the operation of this Site or the content, statements or other information contained on the Site, or the products or MobileNOW! Services accessible or available through the Site.
15. Limitation of Liability
You expressly agree that in no event shall MobileNOW!, its subsidiaries, affiliates, or officers, directors, shareholders, employees, agents, or representatives be liable for any indirect, incidental, special, consequential, punitive, or other similar type of damages, whether foreseeable or unforeseeable, arising out of or related to your use of the Site, content or statements on our Site, the MobileNOW! System, and any MobileNOW! Service and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability, or otherwise. You further agree that in the event MobileNOW! is liable for any and all losses arising out of or related to your use of our Site, content or statements on our Site, the MobileNOW! System, and any MobileNOW! Service, such liability shall not exceed an amount equal to the total amount paid for MobileNOW! Service purchased by you hereunder.
16. Indemnification and Release
You hereby agree to defend, indemnify, and hold harmless MobileNOW!, its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, and representatives from and against all claims and expenses, including but not limited to costs, expenses, losses, judgments and attorneys’ fees, arising out of or relating to the use of the Site, the MobileNOW! System, or any MobileNOW! Service.
You expressly acknowledge and agree that you are solely responsible for your use, interaction, and reliance on the contents and information on the Site, the MobileNOW! System, and any MobileNOW! Services and to the extent permissible by applicable laws agree to release MobileNOW!, its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, and representatives from any and all claims or liability related to use of our Site, the MobileNOW! System, or any MobileNOW! Service.
17. GOVERNING LAW; CONSENT TO JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regards to its conflicts of laws principles. You hereby irrevocably consent to the jurisdiction of the state court of the County of New York, State of New York. Notwithstanding the foregoing, nothing shall prevent MobileNOW! from enforcing any award, judgment or exercising any right against you within any other county, state, or other domestic or foreign jurisdiction.
18. Additional Disclosures
The headings contained in this Agreement are for references purposes only and shall be of no legal force or effect. If any provisions contained herein are found to be unlawful, void, or for any reason unenforceable, that provision will be severed from this Agreement but in no event affect the validity of remaining provisions and the remaining provisions shall continue in full force and effect.
This Terms and Conditions Agreement shall be binding upon and inure to the benefit of all successors and permitted assigns of MobileNOW!. No waiver by either you or MobileNOW! of any breach, default, or failure to exercise any right permitted under this Agreement is a waiver of any preceding or subsequent breach, default, waiver, or forfeiture of any similar or future rights under this Agreement.