1. Introduction 1.1. THESE
CHICAGO PARKING METERS, LLC (“CPM”, “US” OR “WE”). PLEASE NOTE THAT OUR PRIVACY
POLICY IS EXPRESSLY INCORPORATED IN THESE TERMS.
1.2. These Terms govern your use of: (a) the cpmpermits.com
website (the Website”), (b) CPM’s telephone and email support services,
if available; and (c) any other aspect of your relationship with CPM that
relates to CPM’s provision of parking-related services related solely to
monthly permit parking at certain designated parking Lots (the “Lots”) in the
City of Chicago, (collectively, the “Services”).
1.3. PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES OR CLICKING THE
"AGREE" BUTTON, YOU:
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND
(B) AGREE THAT ALL DISPUTES WILL BE SETTLED THROUGH
ARBITRATION AND IN ACCORDANCE WITH ILLINOIS LAW AS SET FORTH IN SECTION 11;
(C) AGREE THAT CPM IS NOT RESPONSIBLE FOR ANY FINES,
PARKING TICKETS, PENALTY NOTICES AND THE ENFORCEMENT OF VEHICLE PARKING RELATED
OFFENSES YOU INCUR OR RECEIVE REGARDLESS OF WHETHER OR NOT YOU RECEIVE ANY
NOTIFICATION VIA THE SERVICES THAT THE VEHICLE IS VALIDLY PARKED;
(D) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF
LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND RESIDE IN THE UNITED STATES;
(E) YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE
TERMS. 1.4. Changes. From time to
time, we may update the Terms by posting changes to the Website, and for a
period of thirty (30) days after we post the amended Terms, we will also post a
notice on the Website stating that these Terms have changed. As permitted by
applicable law, any change, addition or deletion will become effective at the
time we post the revised Terms to our website. Unless we state otherwise, the
change, addition or deletion will apply to your future and existing uses of the
Services. You are deemed to accept the changes, additions or deletions if: (1)
you do not notify us to the contrary in writing within thirty (30) days of the
date of our notice or such other time specified in the notice; or (2) you use
any of the Services after such notice period. If you do not agree with these
changes, you will not be able to use the Services.
IF YOU DO NOT AGREE TO THESE
TERMS, YOU MAY NOT USE THE SERVICES. YOU ARE DEEMED TO ACCEPT THESE TERMS IF
YOU USE OR CONTINUE TO USE ANY OF THE SERVICES AFTER THESE TERMS TAKE EFFECT ON
JULY 15, 2020.
1.5. Your Privacy Rights. You acknowledge that when you use the Services or
otherwise provide us with information, CPM may collect and process your
as part of these Terms.
2. Registering and Using
Your Account 2.1. Enabling Your Account. You may activate the Services by accessing the Website on your desktop
or mobile browser.
2.2. Maintaining Your
Account. To open an account (“Account”)
or otherwise submit information, you must complete the specified process by
providing us with current, complete, and accurate information as requested by
the applicable registration form. It is your responsibility to maintain the
currency, completeness, and accuracy of your registration data, including,
without limitation, your name, license plate number, mobile telephone number,
address, email address and method of payment details. Any loss caused by your
failure to do so is your responsibility. After you have fully completed the
registration process, you may be asked to choose a password and a username. It
is entirely your responsibility to maintain the confidentiality of your
password and Account. Additionally, you are entirely responsible for any and
all activities that occur under your Account. You agree to notify CPM
immediately of any unauthorized use of your Account. You further agree not to
email, post, or otherwise disseminate any user ID, password, PIN, or other
information which provides you access to the Services. CPM is not liable for
any loss that you may incur as a result of someone else using your password or
Account, either with or without your knowledge.
3. Parking Your Vehicle 3.1.
Verifying the Plate and Lot Number. You
are responsible for correctly entering the relevant Lot and license plate
number at the time of purchasing each monthly permit, which Lot is indicated on
the drop-down menu on the Website when purchasing a monthly permit. A permit is
valid only for the Lot or Lots for which it is purchased and only for the
calendar month for which it is purchased, regardless of when purchased. There
are no partial payments or refunds for partial months. (For example, a permit
purchased on September 10 is the same price as a permit purchased on September
is valid only through September 30th.) There is no proration for partial months. There are
no refunds for unused permits, provided, however, that refunds may be issued
for unused permits prior to the first day of the month for that permit provided
the user requests a refund in writing at least five (5) business days prior to
the first day of said month. The permit allows only the vehicle bearing the
requested license plate number and displaying the associated permit by hanging
it from the interior rear view mirror of the vehicle (or otherwise visibly
displaying it as provided in the registration form or otherwise) to use the
permit. However, an authorized user may change the license plate number for the
vehicle using the permit by accessing the Website and modifying the plate
information, but in no event shall a change in such plate number be permitted
more than once in 24 hours.
3.2. Restrictions, Signs and
Notices Take Precedence. You are
responsible for checking and verifying that you are parked in the Lot for which
a permit was purchased, as well as for any permanent or temporary parking
restrictions posted. All notices and signs or directions made by relevant
government authorities, traffic attendants or authorized persons (e.g., the
suspension of a parking space) shall take precedence over any information that
you receive from CPM if for any reason the information is inconsistent. Please
note that use of the Services does not guarantee you a parking space.
3.3. Compliance with Parking
Regulations. All applicable parking
regulations apply to you, and your use of the Services does not exempt you from
following such rules. When parking in a permit parking Lot, at all times a
valid license plate and a valid permit must be visibly displayed on the
vehicle, and the permit must be clearly visible from the outside of the vehicle
by hanging the permit from the interior rear view mirror of the vehicle or
otherwise displaying it in a readily visible manner clearly viewable from the
exterior of the vehicle. Failure to do so may result in a violation notice
being issued and your vehicle being towed or booted. CPM IS NOT RESPONSIBLE
FOR LOST, STOLEN OR MISPLACED PERMITS. CPM IS NOT RESPONSIBLE FOR DELAYS IN
MAIL DELIVERY OR LOST MAIL. YOU SHOULD ALLOW TEN (10) BUSINESS DAYS FOR MAILING
3.4. Law Enforcement
Authorities. You are solely
responsible for resolving with the relevant authorities any issues that you may
have regarding the issuance of fines, parking tickets, penalty notices or your
vehicle being impounded. If you authorize CPM to contact the relevant
authorities on your behalf regarding the issuance of fines, parking tickets or
penalty notices, you acknowledge and agree that in such cases, CPM may provide
all or a portion of your information collected by CPM to the relevant
authorities. If you use the Services, CPM, upon the reasonable request of the
relevant authorities, may provide all or a portion of your information
collected by CPM to such authorities.
3.5. CPM IS NOT RESPONSIBLE
FOR PARKING FINES. CPM IS NOT
RESPONSIBLE FOR ANY FINES, PARKING TICKETS, PENALTY NOTICES AND THE ENFORCEMENT
OF VEHICLE PARKING RELATED OFFENSES YOU INCUR OR RECEIVE REGARDLESS OF WHETHER
OR NOT YOU RECEIVE ANY NOTIFICATION VIA THE SERVICES THAT THE VEHICLE IS
VALIDLY PARKED. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE PROPERLY
ACTIVATED AND DISPLAYED THE PERMIT FOR THE RELEVANT PARKING LOT BEFORE YOU
LEAVE ANY VEHICLE UNATTENDED. YOU ARE RESPONSIBLE FOR ANY FINE, TICKET, OR
PENALTY CHARGE ISSUED BY THE APPLICABLE AUTHORITIES.
3.6. Any misuse of a permit will be considered a breach of
the permit. Misuse includes, but is not limited to, allowing any third party to
use a permit. If you are in breach of the terms and conditions, we may without
notice, suspend parking privileges; terminate the parking permit agreement;
and/or, to the extent permitted by applicable law, tow or boot the vehicle at
3.7. The parking of unlicensed or uninsured vehicles, the
general storage of vehicles, and repair or maintenance of vehicles, including
car washing, is prohibited. Further, the parking of vehicles that in the
opinion of CPM post any kind of hazard or have hazardous contents is also
prohibited. Vehicles must not be parked in such a way as to block traffic lanes
or violate any laws or regulations.
3.8. Permit holders must abide by all staff instructions,
parking space designations, traffic signs, fire lanes, height restrictions,
official notices, and other facility markings. All space is available on a
first-come, first-served basis.
3.9. The permit does not assign a definite space to the
permit holder, but CPM specifically reserves the right to designate, from time
to time, the space to be used by the permit holder. Fees are due regardless of
whether permit holder uses the space or not.
4. Paying for the Services
4.1. Credit Card
Authorization. Each time you purchase
the monthly permit you must access the web site and initiate an authorization
process that will validate the credit or debit card number, status, available
credit or funds and billing information to ensure that it matches what the bank
or card company has on file. Your bank or CPM may attempt to contact you for
additional information prior to authorizing the transaction amount. For credit
cards, once an authorization is received, you may notice a decrease in your
available credit line. Your bank may hold this dollar amount from your credit
line or available balance for a short period of time determined by the policy
of your bank before your transaction is fulfilled. For debit cards, your bank
may pre-authorize a charge to your deposit or checking account and place a
temporary hold on the funds before your transaction is fulfilled. If you are
the owner of the bank account or credit card, we recommend contacting your bank
or credit card company to learn about their authorization and authorization
4.2. Errors. We may correct the balance of your Account if we
believe that a clerical, billing or accounting error occurred. If you have
questions regarding your transaction history or any correction, or if you wish
to dispute any transaction or correction that has been applied to your Account,
please call CPM at 1-773-935-8532. Assuming you provide sufficient details, we
will review your claim and tell you what we find. We will correct any error
promptly after we finish our review. If we do not find any error, we will
explain what we found. We have no obligation to review or correct any billing error
unless you provide us sufficient notice for us to review your claim within
thirty (30) days of the date of the transaction in question.
5. Permit Fees 5.1. Permit
Fees. The current rates for monthly
permits for each Lot are listed on the Website and may vary by Lot. Permit fees
may be subject to change and it is your responsibility to ensure that you are
paying the then-current parking rate for your applicable Lot. You agree to pay
all fees for the Services provided to you pursuant to these Terms. CPM shall
process your authorized credit or debit card for each monthly purchase.
5.2. All fees and charges
are non-refundable, and no fees will be pro-rated for partial periods. Fees and charges are subject to change without notice.
5.3. Permit holder is responsible
for all applicable taxes. Taxes are included in the monthly permit fee.
5.4. To the extent permitted by applicable law, the City of
Chicago reserves the right to tow or boot, at the owner’s expense, any vehicle
parked in the permit Lots without the proper permit.
6. Restrictions. The following requirements apply to your use of the
• If you are the
Account Owner, you represent, warrant and covenant that you will pay for any
and all fees for the Services incurred by Authorized Users.
• You will not
use any electronic communication feature of the Services or use the permit for
any purpose that is unlawful, tortious, abusive, intrusive on another’s
privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening,
• You will not
use the Services for any commercial purpose not expressly approved by CPM in
• You will not
upload or otherwise transmit any material that contains viruses or any other
computer code, files, or programs which might interrupt, limit, or interfere
with the functionality of any computer software or hardware or
• You will not
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or
otherwise make available the Services or any features or functionality of the
Services, to any third party for any reason, including by making the Services
available on a network where it is capable of being accessed by more than one
device at any time.
• You will not
make the Services available over a network where it could be used on multiple
devices at the same time.
• You will not
remove, delete, alter or obscure any trademarks or any copyright, trademark,
patent or other intellectual property or proprietary rights notices from the
Services, including any copy thereof.
• You will not
collect or store personal data about other users (other than Authorized Users
under your Account as an Account Owner).
• You may not
copy the permit, not decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify, or create derivative works of the Services
or any part thereof. Any attempt to do so is a violation of the rights of CPM
and its licensors of the Services.
• You represent and
warrant that you will use the Services and Content (as defined below) and the
permit only for the purposes permitted herein, that all information you submit
is accurate and otherwise complies with these Terms, and that you will promptly
notify CPM if any of your information changes.
• If CPM
reasonably believes that your use of the Services or permit is unauthorized,
fraudulent or otherwise unlawful, you agree that CPM may take any appropriate
action to limit our risk, including using any information at our disposal to
track, analyze and stop any such unauthorized, fraudulent or unlawful acts. If
CPM reasonably believes or discovers any Account was sourced or derived from
fraud, reported fraud or other unlawful means, in our sole discretion, we may
cancel all impacted Accounts and associated license plate numbers and permits
and retain all related balances without notice to you or block certain vehicles
from using the Services and parking in the Lots, which may result in the
issuance to you of a parking citation for non-payment. We may use such
retained balances to help offset our liability to card companies, networks and
issuers of lost or stolen credit and debit cards used to purchase permits.
• You agree not
to download, display or use any Content for use in any publications, in public
performances, on websites, on applications, for any other commercial purpose,
in connection with products or services that are not those of CPM, in any other
manner that is likely to cause confusion among consumers, that disparages or
discredits CPM and/or its licensors, that dilutes the strength of CPM or its
licensors’ property, or that otherwise infringes CPM or its licensors’
intellectual property rights.
• You agree to in
no other way misuse any Content or Third Party Materials (as defined below).
7. Termination. 7.1. Term. The effectiveness of these Terms commences when you
agree to these Terms under Section 1 and will continue in effect until
terminated by you or CPM as set forth in this Section 7. You may terminate your
Account and the Terms for any reason by informing CPM that you wish to stop
using the Services and completing any termination procedures specified by CPM.
CPM may terminate these Terms at any time for any reason by providing you with
written notice. In addition, these Terms will terminate immediately and
automatically without any notice if you violate any of the terms and conditions
of these Terms. For your protection and ours, these Terms may be terminated,
along with your ability to use the Services and your permit to park in a Lot,
in the event it is reported to us (or we independently determine) that payment
for the Services has been declined or identified as fraudulent, or if we determine
or suspect in good faith that the use of the Services, permit,or payment
therefore has been obtained through fraudulent means. You agree that you do not
have any rights in the Services and CPM will have no liability to you if the
Services are discontinued or your ability to access the Services is terminated.
You further agree that CPM will not be liable for any modification or
suspension of the Services or for parking citations issued as a result thereof.
7.2. Effect of Termination. Upon termination: (i) all rights granted to you
under these Terms (including the license to use a monthly permit in a Lot) will
also terminate; and (ii) you must cease all use of the Services and permit.
Termination will not limit any of CPM’s rights or remedies at law or in equity.
CPM’s right to use your data will survive termination of these Terms.
8. Using the Services 8.1.
Services. The use of the Services may
require use of a mobile device and phone service, wireless mobile data service,
and text messaging capability, which must be obtained from your wireless
carrier, and may require Internet access, which must be obtained from your
service provider; you are responsible for obtaining and paying for such
additional services and obtaining a suitable device, including without
limitation all usage charges related thereto. You may be required to send and
receive, at your cost, electronic communications related to the Services,
including without limitation, administrative messages, service announcements,
and diagnostic data reports, from CPM, your mobile carrier or third party
service providers. The use of the Services requires the use of a computer or
8.2. Text Messages. If you agree to receive text messages from the
Services, the frequency of messages will vary based on your permit purchase and
parking activity. Message and data rates may apply from your mobile
carrier. By providing your consent to participate in this program, you approve
any such charges from your mobile carrier. If you do not have an unlimited
wireless mobile data plan or text messaging capability, you may incur
additional charges from your wireless service in connection with your use of
the Services. You are solely responsible for obtaining any additional
subscription or connectivity services or equipment necessary to access the
Services, including but not limited to payment of all third-party fees
associated therewith, including fees for information sent to or through the
Services. The information in any Services message may be subject to certain
time lags and/or delays. You are responsible for managing the types of SMS
texts you receive. If you have any questions or need help call 773-935-8532.
To stop receiving text messages, you must log in to the Website and follow the
prompts therein under your Personal Settings or otherwise as directed on the
Compatibility. The Services may not
work with all devices or all mobile carriers. CPM makes no representations that
the Services will be compatible with or provided by all mobile carriers. In the
event that fees are charged for the Services, or other third-party service
providers charge a fee for the products or services they provide, you agree to
pay such fee to the respective party in exchange for your continued use of such
products or services. Some services may be subject to different or additional
terms (including fees), which you will be required to agree to prior to your
use of such services.
Updates. CPM may from time to time in
its sole discretion develop and provide updates to the Services, which may
include upgrades, bug fixes, patches and other error corrections and/or new
features (collectively, including related documentation, "Updates",
which definition is also incorporated into the definition of “Services”).
Updates may also modify or delete in their entirety certain features and
functionality. You agree that CPM has no obligation to provide any Updates or
to continue to provide or enable any particular features or functionality. You
shall promptly download and install all Updates and acknowledge and agree that
the Services or portions thereof may not properly operate should you fail to do
so. You further agree that all Updates will be deemed part of the Services and
be subject to all terms and conditions of these Terms. From time to time, the
Services may automatically send Updates to your device. You agree to accept
these Updates, and to pay for any mobile carrier fees costs associated with receiving
8.5. Telephone Services. CPM may, in its sole discretion, provide the
Services in the form of telephone support as specified in certain instances in
these Terms. Any such telephone support that CPM provides will involve CPM
personnel operating the same or website-based services that CPM makes directly
available to you through the Website. CPM may assist you with changes related
to your Account, but it is your responsibility to ensure and confirm the
accuracy of any such changes by logging into your Account through the Website.
Intellectual Property 9.1. Grant of License. The Services, whether in read-only memory, on any other media or in any
other form, including but not limited to the permit, are licensed to you by CPM
subject to the terms of this Agreement. Neither title nor any intellectual
property rights are transferred to you, but rather remain with CPM or its
licensors, who own full and complete title, and CPM and respective licensors
reserve all rights not expressly granted to you. The rights granted herein are
non-transferable, and are limited to CPM’s intellectual property rights in the
Services and do not include any other patents or intellectual property rights.
This Agreement does not grant you any rights to use CPM proprietary interfaces
and other intellectual property in the design, development, manufacture,
licensing or distribution of third-party devices and accessories for use with
the Services. Any use of the Services in any manner not allowed under this
Agreement, including, without limitation, resale, transfer, modification or
distribution of the Services or copying or distribution of text, pictures,
music, video, data, hyperlinks, displays and other content provided by the
Services, is prohibited. This Agreement does not entitle you to receive and
does not obligate CPM to provide hard-copy documentation, support, telephone
assistance, or enhancements or updates to the Services. You may not modify,
alter, copy, publicly display or perform, distribute, create derivative works,
of the Services.
9.2. CPM Content. The Services, and any services performed, provided or
enabled by or through the Services and all the information, communications,
scripting, photos, text, video, graphics, music,
images, trademarks, logos, product and program names, and other materials and
complications of the foregoing, that may be provided to you via the Services
(collectively “Content”) by CPM or its content providers, are the
property of CPM and/or its content providers, and are protected in the U.S. and
internationally under trademark, copyright, and other intellectual property
laws, and are intended for the lawful use by registered users (as applicable)
of the Services.
Ownership There are a number of
trademarks, logos, service marks, slogans, product names and designations and
other proprietary indicia (collectively “Trademarks”) used in the
Services and in the Content. By making these Trademarks available through the
Services and in the Content, CPM is not granting you a license to use them in
any fashion, and you are not granted any license under any of CPM’s or any
third party's Trademarks or other intellectual property rights, except as
specifically set forth in this Agreement. No CPM Trademark may be used as a
username, icon, identifier, hyperlink or in any other manner without CPM’s
prior written permission. The Services, Content, and the selection,
coordination, and arrangement thereof, is owned either by CPM, or its respective
licensors. The unauthorized copying, displaying, selling, distributing or other
use of any Content or Services or permit is a violation of the law.
Third-Party Materials. The Services
may display, include, or make available content or software owned by
third-parties (including software, data, information, applications, and other
products, services, and/or materials) or provide links to third-party websites
or services, including through third-party advertising (”Third-Party
Materials”). You acknowledge and agree that CPM is not responsible for
Third-Party Materials, including their effectiveness, accuracy, completeness,
timeliness, validity, non-infringement, legality, decency, quality, or any
other aspect thereof. CPM does not assume and will not have any liability or
responsibility to you or any other person or entity for any Third-Party
Materials. Third-Party Materials and links thereto are provided solely as a
convenience to you, and you access and use them entirely at your own risk and
subject to such third parties’ terms and conditions.
9.5. Links to Third-Party
Websites, Applications, and Services. The
Services may provide connectivity or links to other third-party services,
websites, applications, software, and other content from third-party providers
such as social media partners, wireless carriers, and third-party software
developers (“Third-Party Services”). The Services may allow you to
add/configure certain Third-Party Services to your device. CPM has no control
over, makes no representations or warranties whatsoever about any of the
Third-Party Services that you may access, is not responsible for the
availability of such Third-Party Services, and does not endorse nor is
responsible or liable for any content or other materials on or available from
such Third-Party Services. Your use of the Third-Party Services may be subject
to additional terms, including software license terms, of those third parties.
Users who utilize the Third-Party Services should be aware that their Account
and other personal information held by those third parties may be transmitted
through and stored on CPM servers and/or applications located in the United
States and elsewhere. You understand and agree that the companies that provide
the Third-Party Services may access, use and share certain information about
you, if you use the Third-Party Services. You understand and agree CPM is not
responsible for these companies, or their use of any other of your information.
Your use of the Third-Party Services is at your own risk.
DISCLAIMERS 10.1. NO RELIANCE ON INFORMATION. CPM AND ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AND
CONTRACTORS AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS
(COLLECTIVELY, “CPM AFFILIATES”) MAKE NO REPRESENTATION OR WARRANTY
WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS OR ADEQUACY OF ANY
INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED IN
THE SERVICES. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY
THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO,
MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR
RECOMMENDATION BY CPM OR THE CPM AFFILIATES.
INTERNET SECURITY. THE INTERNET MAY
BE SUBJECT TO BREACHES OF SECURITY. CPM AND THE CPM AFFILIATES ARE NOT
RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE OR COMPUTER FROM ANY
SUCH SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED
INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, INTERNET INFRASTRUCTURE FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER
SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS
BEFORE E-MAILING CPM OR THE CPM AFFILIATES ANY INFORMATION OR INFORMATION
AVAILABLE USING THE SERVICES. CPM AND THE CPM AFFILIATES MAKE NO REPRESENTATION
OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, PERFORMANCE,
AVAILABILITY OR OPERATION OF THE SERVICES. THE SERVICES MAY BE TEMPORARILY
UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT.
10.3. NO WARRANTY. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE
EXTENT PROHIBITED BY LAW, NEITHER CPM, THE CPM AFFILIATES NOR THEIR LICENSORS
MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES, AND DISCLAIM ALL OTHER
WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES: (A) OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR QUIET ENJOYMENT; (B) ARISING OUT OF ANY COURSE OF DEALING
OR USAGE OF TRADE; (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR
FREE OF HARMFUL COMPONENTS; (D) THAT THE SERVICES OR ANY CONTENT, WILL BE SECURE
OR NOT OTHERWISE LOST OR DAMAGE; AND (E) THAT THE SERVICES WILL MEET YOUR
11. LIMITATIONS OF LIABILITY
11.1. APPLICABILITY OF LIMITATIONS. As
a consumer, you have certain legal rights. The disclaimers, exclusions, and
limitations of liability under this Agreement will not apply to the extent
prohibited by applicable law. Some jurisdictions do not allow the exclusion of
implied warranties, including exclusions relating to products or services that
are faulty or not as described, or the exclusion or limitation of incidental or
consequential damages or other rights. For a full description of your legal
rights you should refer to the laws applicable in your country or jurisdiction.
TYPE OF CLAIMS AND DAMAGES. YOU AGREE
TO HOLD CPM OR ANY CPM AFFILIATES HARMLESS UNDER ANY CAUSE OF ACTION OR THEORY
OF LIABILITY, EVEN IF CPM OR THE CPM AFFILIATES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUES, DEALERS,
OPPORTUNITIES, OR GOODWILL; (C) UNAVAILABILITY OF ANY OR ALL OF THE SERVICES;
(D) INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU RELATED TO USE OF OR ACCESS
TO THE SERVICES; (E) COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (F)
UNAUTHORIZED ACCESS TO DEVICES, OR ANY COMPROMISE, ALTERATION OR LOSS OF YOUR
DATA; (G) COST OF REPLACEMENT OR RESTORATION OF ANY LOST OR ALTERED DATA; (H)
ACTS OR OMISSIONS ATTRIBUTABLE THE PROVISION OF ANY THIRD-PARTY MATERIALS; (I)
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CPM, LAW ENFORCEMENT OR
OTHER AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR THE CONTENT; (J) ANY
ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (K) THE CONDUCT, ACTIONS
OR INACTIONS OF OTHER USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH OTHER
USERS. NEITHER CPM NOR ITS AFFILIATES ARE RESPONSIBLE FOR LOSS OR DAMAGE TO ANY
VEHICLE, THE VEHICLE CONTENTS, OR PERSONAL INJURY AS A RESULT OF FIRE, THEFT OR
NEGLIGENCE; NOR ARE THEY RESPONSIBLE FOR PERSONAL PROPERTY LEFT IN THE MEHICLE,
NOR FOR ANY DAMAGE OR INJURY SUSTAINED THROUGH FAULTY VEHICLE EQUIPMENT. THE
PERMIT HOLDER ACCEPTS RESPONSIBILITY FOR DAMAGES CAUSED BY ANY VEHICLE
ACCESSING THE PARKING LOTS USING THEIR PERMIT. THE PERMIT HOLDER AGREES TO HOLD
HARMLESS CPM AND THE CITY OF CHICAGO FOR ANY DAMAGE AND/OR PERSONAL INJURY
CLAIMS ARISING FROM THE PERMIT HOLDER AND/OR ADDITOINAL USERS’ USE OF THE LOTS.
11.3. AGGREGATE LIABILITY. YOU AGREE THAT IN NO EVENT WILL CPM OR ITS AFFILIATES’
TOTAL LIABILITY FOR ALL CLAIMS YOU MAY HAVE THAT RELATE TO THESE TERMS, THE
SERVICES OR THE CONTENT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT THAT YOU
HAVE ACTUALLY PAID TO CPM FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE
FIRST EVENT THAT GAVE RISE TO SUCH LIABILITY; OR (B) $100.
12. Indemnity. BY ACCESSING THE SERVICES, REGISTERING WITH THE
SERVICES AND/OR ACCEPTING ANY INFORMATION FROM THE SERVICES YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD CPM AND THE CPM AFFILIATES HARMLESS FROM AND AGAINST
ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES,
LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING
REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A)
YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL
OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS
BASED ON YOUR USE OF THE SERVICES AND/OR PARKING IN A LOT; THE CONTENT;(D)
INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE
OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY
YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SERVICES; (G) THE
THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (H) YOUR
AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD, AND (I) PARKING IN A LOT,
YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CPM’S DEFENSE OF ANY
CLAIM. YOU SHALL NOT, IN ANY
EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF CPM.
Dispute Resolution and Arbitration 13.1. Contacting CPM. In the event of a complaint or concern regarding
this Agreement or the Services, or for more information, please contact CPM at
email@example.com or at 1-773-935-8532 or by mail at the following
Mandatory Arbitration. For all
disputes arising out of or relating in any way to the Services, you must first
send a written description of your claim to CPM to allow us an opportunity to
resolve the dispute. You and CPM each agree to negotiate your claim in good
faith. If we still cannot resolve the dispute you may request arbitration if
your claim or dispute cannot be resolved within 60 days. Please read this
section carefully. It affects your legal rights. It provides for resolution of
disputes through individual arbitration instead of court trials and class
actions. Arbitration is more informal than a lawsuit in court, uses a neutral
arbitrator instead of a judge or jury, and discovery is more limited.
Arbitration is final and binding and subject to only very limited review by a
court. This arbitration clause shall survive termination of this Agreement.
Arbitration Procedures. The
individual arbitration of any dispute or claim arising out of or relating in
any way to the Services shall be conducted in accordance with the rules of the
American Arbitration Association ("AAA"), including the AAA's
Consumer Arbitration Rules (as applicable), as modified by this Agreement. The
AAA Rules and information about arbitration and fees are available online at
www.adr.org. You agree that this Agreement evidences a transaction in
interstate commerce and this arbitration provision will be interpreted and
enforced in accordance with the U.S. Federal Arbitration Act and federal
arbitration law, and not governed by state law. Any arbitration shall take
place in Chicago, Illinois, United States. The individual arbitration will be
conducted in the English language. An arbitrator may award on an individual
basis any relief that would be available in a court, including injunctive or
declaratory relief to the extent required to satisfy your individual claim, and
must follow and enforce this Agreement as a court would. Any arbitration shall
be confidential, and neither party may disclose the existence, content or
results of any arbitration, except as may be required by law or for purposes of
enforcement of the arbitration award. Judgment on any arbitration award may be
entered in any court having proper jurisdiction.
Costs. Each party will bear the fees
and expense of its own attorneys, experts, witnesses and preparation and
presentation of evidence at the arbitration. Each party will equally share all
filing, administration and arbitrator fees.
13.5. Class Action Waiver for
Arbitration. YOU AGREE THAT ANY PROCEEDING IN ARBITRATION WILL BE CONDUCTED
ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE
LAZ Parking Chicago
PO Box 8210
Chicago, Illinois 60681
Class Action Waiver and Jury Waiver in Litigation. You agree that, if the arbitration agreement
contained in Sections 13.2 through 13.5 is found to be unenforceable, any claim
or proceeding pursued in court will be conducted only on an individual basis
and not in a class, consolidated, or representative action. You further agree
that if a claim or proceeding proceeds in court rather than through
arbitration, you and CPM each waive the right to a jury trial.
Governing Law. By using the Services,
you agree that the statutes and laws of the United States and the State of
Illinois without regard to conflicts of laws principles, will apply to all
matters relating to use of the Services. If we are unable to commence
arbitration, you agree that any litigation shall be subject to the exclusive
jurisdiction of the state or federal courts in Cook County, Illinois, USA. The
United Nations Convention on Contracts for the International Sale of Goods
(1980) is hereby excluded in its entirety from application to these Terms.
13.8. Time Limit for Filing
Claims. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to any use of the Services or any activity related to these Terms
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
General 14.1. Export Control.
Software and other materials from the Services may be subject to United States
Export Control. The United States Export Control laws prohibit the export of
certain technical data and software to certain territories. No software from
the Services may be downloaded, exported, or re-exported in violation of any
such laws. CPM does not authorize the exportation of any software or technical
data from the Services to any jurisdiction prohibited by the United States
Export laws. You represent and warrant that you are not listed on any U.S.
Government “watch list” of prohibited or restricted parties, including the
Specially Designated Nationals list published by the Office of Foreign Assets
Control of the U.S. Treasury or the Denied Persons List published by the U.S.
Department of Commerce. Further, the Services may not be exported or
re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person’s List or Entity List. By using the
Services, you represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use the Services
for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture or production of nuclear,
missiles, or chemical or biological weapons.
Assignment. CPM may assign these
Terms in whole or in part, at any time with or without notice to you. You may
not assign this contract, or any part of it, to any other person. Any attempt
by you to do so is void. You may not transfer to anyone else, either temporarily
or permanently, any rights to use any part of the Services. To the extent that
you allow a third party to use your device, you shall remain solely responsible
for the use of the Services by others using the device.
No Partnership. Both you and CPM acknowledge
and agree that no partnership is formed between you and CPM.
14.4. Entire Agreement. These Terms constitute the entire agreement between
you and CPM governing your use of the Services, superseding any prior
agreements between you and CPM relating to your use of the Services. You may
also be subject to additional terms and conditions (including, but not limited
to, terms and conditions from your wireless carrier or operator) that may apply
to your use of
Services. The section titles in these Terms are for convenience only and have
no legal or contractual effect.
Severability and Waiver. If any
provision of these Terms is held to be invalid by any law, rule, order or
regulation of any government or by the final determination of any state or
federal court, such invalidity shall not affect the enforceability of any other
provision of these Terms. The failure of CPM to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such right or
Force Majeure. The failure of CPM to
comply with these Terms due to an act of God, pandemic, epidemic, public health
order, war, fire, riot, terrorism, earthquake, actions of federal, state or
local governmental authorities, delayed or lost mail or for any other reason
beyond the reasonable control of CPM, shall not be deemed a breach of these
Preferences. You consent to receive
communications about these Terms electronically through the email address
listed in your Account. CPM may use your mailing address to communicate with
you regarding the Services, including providing you with the permit for display
in the vehicle. CPM is not responsible for lost or delayed mail.
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