Terms and Conditions

This website is provided by Foresight Parking, LLC The terms “we”, “us”, “our” and ” Foresight Parking, LLC” refer to Foresight Parking, LLC, our corporate partners (collectively, “Foresight Parking, LLC”). The terms “You” and “User” refer to visitors and users of the website or app (collectively, “the Service”).

The Service is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Service in any manner, whether through a computer, a mobile phone or any other device, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use this Service.

We may change or otherwise modify the Agreement in the future by modifying these Terms and Conditions, and you understand and agree that your continued access or use of the Service after such change signifies your acceptance of the updated or modified Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.

You warrant that you possess the legal authority to enter into this Agreement under the applicable laws and to use the Service in accordance with all terms and conditions herein.

Privacy Policy

Foresight Parking, LLC believes in protecting your privacy. Any personal information you provided to us during your use of the Service will be used in accordance with our Privacy Policy. Our Privacy Policy forms a part of these Terms and may be reviewed and accessed at https://foresightparking.com/privacy-policy/.

Third Party Content

The Service may contain links to external third-party websites, apps, or services. Foresight Parking, LLC does not guarantee, approve, or endorse the information or products available on these third-party websites, nor does a link indicate any association with or endorsement of the linked website.

We do not operate or control and have no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Users of the Service assume complete responsibility and risk in their use of any external sites. Users should direct any concerns regarding any external link to the relevant website’s administrator or webmaster. Users are hereby informed to exercise utmost caution when visiting any third-party website.

Intellectual Property

All material, data and information included on the Service (the “Content”) has been licensed to, or is the property of, Foresight Parking, LLC, its subsidiaries, affiliated companies, suppliers and/or customers and is protected by international copyright and trademark laws. Any unauthorized modification or use of the Content violates Foresight Parking, LLC intellectual property rights and is prohibited. Copying, transmission, reproduction, replication, posting or redistribution of the Content or any portion thereof is strictly prohibited without the prior written permission of Foresight Parking, LLC.  To request permission, you may contact Foresight Parking, LLC at info@foresightparking.com.

You should assume that everything you see or read on the Service is proprietary information unless otherwise noted and may not be used except as provided in the Agreement or with Foresight Parking, LLC prior written consent in each case. Nothing posted on the Service grants a license to any trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. Trademarks displayed on the Service not owned by Foresight Parking, LLC are the property of their respective owners.

Limitation on Use

You agree not to:

(a) access, monitor or copy any content or information from this Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

(b) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

(c) “frame”, “mirror” or otherwise incorporate any part of this Service into any other website without our prior written authorization; or

(d) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Foresight Parking, LLC in connection with the Service.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, service charges, or other services offered in part or whole by Foresight Parking LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Indemnity

You agree to indemnify, defend and hold harmless Foresight Parking, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees brought by third parties as a result of:

(a) your breach of the Agreement or the documents referenced herein.

(b) your violation of any law or the rights of a third party; or

(c) your use of the Service.

Notice of Issues

If you have any complaints or objections to material or content posted on the Service, or if you believe that material or content posted on the Service infringes a copyright or trademark or any other Intellectual Property Rights that you hold, please contact us immediately at info@foresightparking.com.

Modifications to the Service

The content and the functionality of the Service and Agreement may be updated or changed at any time without prior notice.

Modifications to these Terms

Foresight Parking, LLC may change, add, or delete the Agreement or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the Service provided or nature or layout of the Service. By continuing to use the Service after such a modification, you agree to be bound by any such amendments to the Agreement.

Foresight Parking, LLC may change, suspend, or discontinue any aspect of the Service at any time, including availability of any feature, database, or content. Foresight Parking, LLC may also impose limits on certain features and services or restrict your access to all or parts of the Service without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of the Agreement or of any law or regulation in force in a jurisdiction in which Foresight Parking, LLC operates.

Warranty Disclaimer

Though all efforts have been made to ensure the accuracy of the Content, Foresight Parking, LLC does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Foresight Parking LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Your acceptance of this limitation of liability is an essential term of the Agreement and You acknowledge that Foresight Parking, LLC would not grant access to the Service without your agreement to this term.

Remedies for Violations

Foresight Parking, LLC reserves the right to seek all remedies available at law and in equity for violations of the Agreement.

Force Majeure

Foresight Parking, LLC will not be held responsible for any delay or failure in performance of any part of the Agreement to the extent that such delay is caused by events or circumstances beyond the Foresight Parking, LLC reasonable control.

Waiver and Modification

The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights. The terms and conditions of the Agreement may be changed in the sole discretion of Foresight Parking, LLC.

Governing Law and Jurisdiction

Any dispute or legal action arising under the Agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that the Agreement will be governed by and construed and interpreted in accordance with the laws of the State of Colorado. Venue for the arbitration, or any litigation or dispute, will be held in Denver, Colorado. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of the Agreement. Judgment on any award rendered by the Arbitrator may be entered in any court of competent jurisdiction. If any litigation or arbitration is necessary to enforce the terms of the Agreement, the prevailing party will be entitled to reasonable and actual attorneys’ fees and costs.

Severability

If any term of the Agreement is found to be unlawful, void, illegal or unenforceable in any respect under any law, then that clause shall be deemed to be severable from the remaining clauses and the validity, legality and enforceability of other clauses shall not be affected in any way.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Information

For answers to your questions or any other help required, you may contact us at info@foresightparking.com

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