Terms of Service

Landmark Parking, Inc.

This Terms of Use Agreement (“Agreement”) applies to any and all Landmark Parking, Inc. and Landmark Parking of Virginia (‘Landmark Parking’) web sites located at www.landmarkparking.com, www.landmarkparkingbaltimore.com, www.parkingwashingtondc.com, www.landmarkparkingvalet.com and www.landmarkparkingdc.com (collectively known as “Sites”). For information relating specifically to monthly parking agreements or other operations and sales agreements, please refer to our monthly parking agreement terms and conditions or other service/product applicable documentation. Please read this Agreement carefully before using our Sites. By using our Sites, you agree to and are bound by the Terms of Use in place when you visit, and any other terms that may be applicable. Landmark Parking reserves the right to modify, alter or otherwise update this ‘Terms of Service’ document at any time and you agree to be bound by such modifications, alterations or updates. You should visit this page from time to time to review the current terms.

Privacy

Landmark Parking collects information about the users of its Sites. Collection of this information is governed by the ‘Terms of Service’ policy and is used for the sole purpose of tracking and monitoring usage data for internal operations and marketing purposes. Landmark Parking does not engage in the collection of user/personal data for distribution or sale to third party entities.

User Conduct

You, the user/visitor, agree to use the information that is available on our Sites only for personal use and not for the purpose of engaging in commercial enterprise of any type. You may not make any commercial or other unauthorized use of our interactive features, tools, portals or downloadable documentation. Users of Landmark Parking sites may not engage in any conduct or action that is prohibited by law or violates any federal, state or local regulations. Users of our sites further agree not to distribute, post, publish or otherwise engage in the transmission of any content which defames, abuses or threatens others, or which contains unauthorized copyrighted material or infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party regardless of affiliation. Users agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized materials, including spam or chain letters, or any material that contains software viruses, or any other computer files or programs intended to disrupt, destroy or limit the functionality of any system, software or hardware service incorporated within any Landmark Parking sites.

Restrictions on Use of Materials

All content, including but not limited to text, software, music, sound, photographs, video, design, graphics or other material contained within any Landmark Parking sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from any of this content or otherwise use, transmit, rebroadcast, publish, or distribute in any form other than as expressly authorized by this agreement without prior written consent from Landmark Parking, Inc. or Landmark Parking of Virginia. Use of any content provided in the form of sales, marketing or operational material, posted or available for download, must be used in a manner consistent with this agreement. Landmark Parking is not granting a transfer of ownership of any content directly or by implication, nor are we granting any license or right to our trademarks, tradenames, or copyrights or other intellectual property, nor to the intellectual property of any other affiliated party. Use of any Landmark Parking content for commercial purposes without express written consent, violates our copyright and other proprietary rights.

Trademarks

All registered and/or unregistered trademarks and/or service marks used or referred to on Landmark Parking site are the property of Landmark Parking, Inc. and Landmark Parking of Virginia, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the aforementioned trademarks or service marks in any way without the prior written consent of Landark Parking, Inc. or Landmark Parking of Virginia.

User/Visitor, Vendor, Client and Customer Submissions

Receipt of comments and suggestions about Landmark Parking sites and the services provided become the sole property of Landmark Parking. Any information, including comments, suggestions, ideas, notes, drawings, concepts or other materials or information (“Submissions”), provided through Landmark Parking sites, will be considered non-confidential, and will become the property of Landmark Parking; exceptions covered by contractual agreements notwithstanding. Landmark Parking and its affiliates may use any submissions without restriction, and you grant, without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from, and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for Landmark Parking, Inc. and Landmark Parking of Virginia to license others to do the same. Online submissions that contain information that is of a personal identifying nature about the submitter, such as their name, address and telephone number, will be governed by our Privacy Policy.

Disclaimer of Warranties

Landmark Parking, Inc. and Landmark Parking of Virginia make no warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for any particular purpose. Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

Limitation of Liability

You, the user/visitor understand and agree that Landmark Parking, Inc. and Landmark Parking of Virginia shall not be held liable for any loss or damage, direct or indirect, or otherwise, resulting from any use of, or inability to use a Landmark Parking website; or resulting from any errors or omissions within the content of said sites, regardless of the basis upon which a liability is claimed. (Note) Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages.

Disclaimer of Warranties

Though every effort is made, Landmark Parking, Inc. and Landmark Parking of Virginia make no explicit warranty that any Landmark Parking site will meet your requirements, or that it will be uninterrupted, timely, unfailingly secure or error-free; nor does Landmark Parking make any warranty as to the results that may be obtained from the use of any site, or as to the accuracy or reliability of any information obtained through said sites. You user/visitor agrees that any content downloaded or otherwise obtained through the use of Landmark Parking sites is done so at your own risk and that you will be solely responsible for any and all damage to your computer(s), or loss of data resulting from said downloads. Unless stated expressly, Landmark Parking, Inc. and Landmark Parking of Virginia provide these sites and the content within ‘As Is’ and without warranties of any type as authorized by applicable laws. This includes implied warranties of merchantability, non-infringement of intellectual property and fitness for a specific purpose. Under no circumstances shall Landmark Parking, Inc. or its affiliates, partners or suppliers be liable for any damages whatsoever arising from the use or inability to use any Landmark Parking site; even if Landmark Parking, Inc. or Landmark Parking of Virginia have been advised of the possibility of such damages. (Note) Some jurisdictions may not allow the exclusion or limitation or exclusion of certain warranties.

Linked Site

Landmark Parking, Inc. and Landmark Parking of Virginia are not necessarily affiliated with, or associated with sponsors or producers of sites that link to or from any Landmark Parking site. Landmark Parking reserves the right to terminate any link or linking program at any time.

Indemnification

You, the visitor/user agree, at your own expense, to indemnify, defend and hold harmless  Landmark Parking, Inc. and Landmark Parking of Virginia, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of a breach by you of this agreement or in connection with your use of Landmark Parking sites or any product or service related thereto.

Governing Law

This agreement as outlined and the relationship between you the user/visitor, Landmark Parking, Inc. and Landmark Parking of Virginia, shall be governed by and construed in accordance with, the laws of the state of Maryland, the District of Columbia and the State of Virginia. Any controversy or claim arising out of, or relating to this agreement or relating to use of Landmark Parking sites and the material contained within said sites shall be resolved in the appropriate jurisdiction(s). You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to this agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred as allowable under applicable laws.

Waiver/Severability

The waiver by either party of a breach or right under this agreement will not constitute a waiver of any subsequent breach or right. If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any and all rights not expressly granted herein are reserved.

Last revised: 5 May, 2016

© 1988-2017 Landmark Parking, Inc.  All rights reserved.