Effective August 1, 2008
Picoger, LLC., dba ParkSmart Parking
Terms and Conditions
Please read these Terms and Conditions of use carefully before using or obtaining any content, products, or services through our web sites.
If you have any questions or concerns about these Terms or if you need further assistance regarding access to or use of the Site or the services offered by Picoger, LLC., you may contact our Customer Service department as indicated below. We will respond promptly to your questions or concerns.
E-mail: [email protected] Mailing address: Customer Service ParkSmart 14500 Global Parkway Fort Myers, FL, 33913, (239) 994-5504
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks, Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means any individual or corporation that has signed up to use password-protected areas of our site.
"Member ID" means the e-mail address you use (with your password) to log in to the password protected areas of our Site.
"Products or Services" means the parking, transportation and car care services provided by BAVP Inc..
"Purchase" means to book, reserve or purchase parking,or car care services.
"Site" means the www.ExecutiveValet.com web site, and their respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.
"Exclusive" offers are exclusive to Picoger, LLC. and its affiliated companies.
The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site.
Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Picoger, LLC. or its affiliates.
Additional terms may apply when you participate in sweepstakes, raffles, or other promotions. For example, sweepstakes are subject to rules by state. These additional terms are found in the area of the Site where you register for a sweepstakes or promotion. You are responsible for reviewing the forms that you fill out when you participate in sweepstakes, raffles or other promotions.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in your "Express Club” account. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and log in information.
Picoger, LLC. grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; and rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance, such as in the Corporate and Travel Agent sections of the Site, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way. Except as provided above, you may not Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
Reverse engineer any part of this Site; or Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires Picoger, LLC. to allow you to do so, you may not do any of the following without the prior written consent of Picoger, LLC.:
Use any robot, spider, other automatic device, or manual process to monitor Content;
Use the Site other than to make legitimate reservations or purchases;
Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Imply in any fashion that Picoger, LLC. is endorsing your products or services;
Place false or misleading information on the Site, Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
Use or access the Site in any way that, in our reasonable judgment, adversely affects the
performance or function of the Site, or any other computer systems or networks used by Picoger, LLC.,
other Site users or members;
Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
Disguise the origin of the information transmitted through the Site.
Member ID and Password access to certain password-protected areas of the Site (Express Club) is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
Picoger, LLC., in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Picoger, LLC. shall not be responsible to you to such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that BAVP Inc. shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms.
This privacy notice discloses the privacy practices for parksmart.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. We do not retain any credit card information for prepaid reservations or prepaid card products.You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure its quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, some information for affiliate services may be provided to us by vendors. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party web sites. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites. Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with Picoger, LLC.
This Site is the sole and exclusive property of Picoger, LLC. or its licensors. Picoger, LLC. and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Your Comments and Submissions
Any communications or materials you transmit to Picoger, LLC., through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a facility or service, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Picoger, LLC. a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we may be unable to answer every comment individually.
Picoger, LLC. and its Affiliates make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Picoger, LLC. and its Affiliates expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, BAVP Inc. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the parking facilities and service providers. IN NO EVENT WILL BAVP Inc. OR ITS AFFILIATES OR PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF AFFILIATES WHO MAY FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF Picoger, LLC. AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
You agree to defend and indemnify BAVP Inc. and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in any action filed or commenced by any third party against Picoger, LLC. as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
The laws of the State of Florida, without regard to its conflict of law rules, will govern these Terms. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Hartford County, Connecticut USA. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
Prior Terms and Conditions
These Terms supersede any prior Picoger, LLC. Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to electronic mail, telephone or posting on the site.
Pre-paid reservations and car care services are fully refundable and free to cancel up until the reservation arrival time on your parking receipt. Cancellations made later than that will not be refundable. Refunds can be returned to the payment card used to make the reservation or added to a pre-paid parking card for future use, at the prepaid card value of $7.95 per day.
Pre-paid card and voucher purchases are final and non-refundable. Reservations made via these payment options can still be cancelled and refunded as above.
If your parking stay exceeds your reservation times you may be charged for the additional length of stay at our standard rates. No refunds will be issued for early collection of your vehicle.