You use this Site and the products and services offered on this site at your own risk. All information and content and all products and services offered through this site, including content provided by third party advertisers and sponsors and parking permits for third party venues and facilities, on this Site are provided “as is” without any express or implied warranty or representation of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purchase, title or non-infringement.
In no event will PAN, its subsidiaries, divisions, affiliated companies or joint venture partners be liable to any party for any direct, indirect, special or other consequential damages arising out of or related to your use of this site or any of the products or services offered through this site, or any other hyperlinked site including, without limitation, any lost revenues, lost profits, loss of prospective economic advantage, business interruption, loss of programs or other data on your handling system or otherwise arising out of the use, misuse of or inability to use this Site or the information, content documents or software thereof, even if PAN, its subsidiaries, divisions, affiliated companies or joint venture partners are advised of the possibility of such damages or for any claim by a third party. Your sole and exclusive remedy against PAN is to discontinue use of the Sites and to discontinue the use of products and services offered on the Sites.
Without limiting the above disclaimers, PAN, its subsidiaries, affiliated companies and joint venture partners: (1) make no warranties or representations whatsoever concerning this Site or any other website, the access to, or the availability or use of, this Site or any other website, the information and content from whatever source posted on or referred to in this Site or any other website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other website is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
This Site may use links to other websites as a convenience to you so that reference material, PAN-related subjects, and other pertinent material are easily accessible. Linked and referenced websites may not be operated, controlled, or maintained by PAN. Links and references to other websites, including any PAN-affiliated entity, do not constitute sponsorship, endorsement, or approval by PAN of the information, content, policies, or practices of such linked or referenced websites. PAN, its subsidiaries, affiliated companies, and joint venture partners do not accept any responsibilities for any information or content, availability, policies, practices, or any use of such websites. You access, browse, and use such websites at your own risk.
PAN has no obligation to update any information or content on this Site. Accordingly, PAN, its subsidiaries, affiliated companies, and joint venture partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.
You are solely responsible for determining your own safety and the safety of your vehicle and its contents at any parking location provided to you through use of this Site. We are not responsible for damage to or loss of your vehicle or any of its contents or for any personal injury in any circumstance, including, but not limited to: weather, fire, or any other Act of God; mechanical defects or accidents; or criminal activity of any kind, including theft. You park at your own risk and will have no recourse against us or have any cause of action against us in connection with any parking at any parking location provided to you through use of this Site.
You warrant to PAN that you will not attempt to gain unauthorized access to any services offered by PAN or computer systems or networks connected to any PAN server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by PAN. When using this Site you agree not to pretend to be someone else or spoof their identity.
You agree to defend, indemnify, save and hold harmless PAN, its subsidiaries, affiliated companies, joint venture partners, licensees, and their respective directors, officers, employees, and agents from and against all liabilities, claims, damages, and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any services you may have obtained on one of our Sites (e.g., parking permits, transportation services, etc.).
PAN controls its Sites (excluding linked sites) from its headquarters in Dallas, Texas , United States of America and makes no representation that any content contained in the Sites is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited.
By accessing this Site you agree that the statutes and laws of the State of Texas , notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site, or any dispute between us relating to this Site or your use of our products or services.
If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration in the State of Texas, in the county of Dallas. The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), and will be administered by the AAA. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
All commercial claims between us, whether subject to arbitration or not, will be governed by Texas law, excluding conflict of laws rules.
If a commercial claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of or a state court located in Knox County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees, and independent contractors adhere to these Terms.
© 2020 PARK ALL NIGHT. All rights reserved.
For any questions, please contact email@example.com